M & K Employee Solutions, Inc. v. Trustees of IAM Nat. Pension · ¶27

In a consolidated appeal, the Court of Appeals for the D. C. Circuit affirmed. 92 F. 4th 316, 322 (2024). The court reasoned that “requir[ing] an actuary to determine what assumptions to use before the close of business on the measurement date” would confict with Congress's instruction in §1393(a)(1) “that an actuary use its `best estimate' of the plan's anticipated experience as of the measurement date.” Id., at 322–323. Accordingly, the court held that actuaries could adopt assumptions after the measurement date as long as the assumptions were “based on the body of knowledge available up to the measurement date.” Id., at 322 (internal quotation marks omitted).

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