LOS ANGELES – A multiemployer pension plan alleges a corporation organized under the laws of Wisconsin failed to pay a withdrawal liability payment.
GCIU-Employer Retirement Fund and Board of Trustees of the GCIU-Employer Retirement Fund filed a complaint on June 6 in the U.S. District Court for the Central District of California against Arrowhead Printing Inc. over alleged violation of the Employee Retirement Income Security Act of 1974.
According to the complaint, the plaintiffs allege that on Dec. 4, 2017, it provided defendant with a notice of complete withdrawal liability and demand for payment after the defendant withdrew from participation in the fund in 2014.
However, plaintiff claims it did not receive any payment despite sending a detailed calculation of the amount and payment schedule for the withdrawal liability assessment.
The plaintiffs hold Arrowhead Printing Inc. responsible because the defendant allegedly failed to cure the required withdrawal liability payments due and owing to the Fund and thus is in default within the meaning of ERISA.
The plaintiffs seek past-due withdrawal liability payment of $282,270 with interest, plus attorneys' fees, costs incurred, and such other legal and equitable relief as the court deems appropriate. They are represented by Kerry K. Fennelly and Valentina S. Mindirgasova of Cornwell & Baldwin in Escondido.
U.S. District Court for the Central District of California case number 2:18-cv-05045-RSWL-SS