Laborers' pension fund alleges Rawson Excavating failed to contribute funds

Molly English-Bowers Feb. 4, 2016, 2:38pm


BENTON – The trustees of a pension fund are suing an excavating business, alleging missing money.

Trustees of Central Laborers' Pension, Welfare & Annuity Funds filed a lawsuit Feb. 4 in U.S. District Court for the Southern District of Illinois against Ryan S. Rawson, individually and doing business as Rawson Excavating in Carbondale.

The defendant employs or has employed individuals who are members of the laborers' locals affiliated with the funds. The lawsuit alleges Rawson agreed to provide participation in the funds in order to obtain health and welfare benefits for those employees.

Per the agreement between the parties, the defendant is obligated to submit contributions to the funds, the suit says. Also, representatives of the plaintiff are authorized to conduct an audit to determine if the defendant is fulfilling its obligations.

The lawsuit alleges Rawson has breached its obligations after an audit revealed it has failed to submit timely and accurate contributions to the funds. The plaintiff has requested the defendant contribute that money, but the suit says Rawson has refused. The amount of those delinquent contributions is $21,011, the suit says, and liquidated damages total $2,792, while audit costs are $570.

The pension trustees seek the above-mentioned monies as well as attorney fees and court costs, a requirement that the defendant comply with an up-to-date audit of its books and other relief the court may deem just. The plaintiff is represented by attorney John R. Patchett of Marion.

U.S. District Court for the Southern District of Illinois case number 16-cv-129

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