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Board of trustees sue employer over alleged violation of ERISA

NORTHERN CALIFORNIA RECORD

Friday, November 22, 2024

Board of trustees sue employer over alleged violation of ERISA

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SAN FRANCISCO – A pension and trust fund is suing a former contributing employer over allegations of an unpaid balance.

Sheet Metal Workers of Northern California Pension Trust Fund, its board of trustees and Rick Werner filed a complaint on Feb. 22 in the U.S. District Court for the Northern District of California against Trayer Engineering Corp., citing violation of the Employee Retirement Income Security Act.

According to the complaint, the plaintiffs allege that the defendant made a complete withdrawal in July 2015 with an assessed liability for $1,664,135, which was to be paid back in monthly installments. They alleged they notified the defendant about making the first monthly payment of $31,466.58 and that it was due Sept. 1, 2015. The plaintiffs allege they did not receive any payments even after multiple attempts to collect from the defendant.

The plaintiffs seek the following: compensation for all damages, including unpaid payments totaling $188,799.48, interest at the rate of 10 percent per annum, legal fees and any other relief the court deems just and proper. They are represented by Anne Bevington of Saltzman & Johnson Law Corp. in San Francisco.

U.S. District Court for the Northern District of California Case number 4:16-cv-00872-KAW

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