Pension plan seeks allegedly unpaid liability payment

By Wadi Reformado | May 11, 2016

SAN FRANCISCO – Trustees of a pension plan have filed suit against an employer alleging that it owes payment for a withdrawal liability.

Pension Plan for Pension Trust Fund for Operating Engineers, Richard Piombo and Russell E. Burns filed a complaint on April 29 in the U.S. District Court for the Northern District of California against Clyde Wheeler Pipeline Inc., Clyde Wheeler, trustee of the Wheeler Revocable Trust Dated Sept. 28, 1994; Michael Wheeler Construction Inc.; and Does 1-10 citing violation of the Employee Retirement Income Security Act.

According to the complaint, the plaintiffs allege that on May 1, 2013, the defendants withdrew from participation in the plan. The plaintiffs hold the defendants responsible because the defendants allegedly failed to pay required quarterly installment payments as a result of withdrawal from the plan.

The plaintiffs seek unpaid withdrawal liability of $1,505,394 plus 10 percent interest rate per annum, liquidated damages, all legal fees and any other relief as the court deems just. They are represented by Anne M. Bevington, Shaamini A. Babu, Anjuli M. Cargain of Saltzman & Johnson Law Corp. in San Francisco.

U.S. District Court for the Northern District of California Case number 3:16-cv-02339-JCS

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Saltzman & Johnson Law Corp. U.S. District Court for the Northern District of California

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