LOS ANGELES – Declaratory relief is sought from pension plans in California and Michigan regarding off-benefit contributions.
Marvin Kropke, et al., in their capacity as trustees of the Southern California IBEW-NECA Pension Trust Fund, filed a complaint on Nov. 23 in the U.S. District Court for the Central District of California, Western Division against Electrical Workers' Pension Trust Fund of Local Union No. 58; IBEW Detroit, Michigan; Michigan Electrical Employees' Pension, et al. seeking declaratory judgment.
According to the complaint, a controversy has arisen between the plaintiffs and the defendants regarding off-benefit contributions. The plaintiffs seek judgment from the court stating the plaintiffs' allocation of off-benefit contributions made by participating employers is lawful under the Employee Retirement Income Security Act and is appropriate under the agreement between the parties.
The plaintiffs seek declaration that the Detroit fund has no claim against and is entitled to nothing from the trust, and declare that the Michigan fund has no claim against and is entitled to nothing from the trust. They are represented by Karl A. Schmidt, Rudolph G. Klapper and Michael B. Mellema of Parker Milliken, Clark, O'Hara & Samuelian in Los Angeles.
U.S. District Court for the Central District of California, Western Division Case number 2:16-cv-08753