BENTON—An Illinois pension fund group is suing over alleged lack of payment by a business, saying it is violating the Employee Retirement Security Act of 1974 (ERISA).
Central Laborers' Pension, Welfare & Annuity Funds filed the suit on Jan. 20 in U.S. District Court of the Southern District of Illinois against Miller Building Group LLC and Jimmie Miller, individually.
The plaintiff is composed of various pension, welfare and related joint labor-management funds.
The lawsuit alleges that an authorized representative of the defendant corporation executed memoranda of agreement, dated Feb. 27, 2014, April 16, 2014, Feb. 4, 2015, and Feb. 19, 2015, binding the defendant to pay contributions to the plaintiff. According to these agreements, the plaintiff is allegedly entitled to collect liquidated damages on all contributions that are paid late.
Also, according to the agreements, the plaintiff is entitled to audit the payroll and books of the defendant.
The second defendant, Jimmie Miller, is an individual conducting business in Illinois, a signatory to an agreement with the plaintiff and an employer. The defendant executed the above-mentioned agreements and did not provide subsequent written notice of an intent to terminate the agreements, the suit alleges.
The plaintiff alleges the defendants breached their obligation by failing to make payment of contributions and liquidated damages, in essence terminating the agreements; and the for being delinquent in reporting the hours worked by employees.
Based upon review, the plaintiff believes the amount due is $45,729.
Central Laborers' Pension, Welfare & Annuity Funds seeks judgments against both defendants, including returning to the funds all delinquent monthly contributions, unpaid contributions, liquidated damages, audit costs, accrued interest, attorney fees and court costs, the sum of $45,729 plus whatever other sums are determined to be due, and any other relief the court may deem just. It is represented by Patrick R. Foley of Foley & Kelly LLC of Belleville.
U.S. District Court of the Southern District of Illinois case number 16-cv-00066