Case: Health & Welfare Benefits/Contributions (N.D. Ill.)

Sept. 15, 2021, 5:41 PM

Trustees of the N.E.C.A.- IBEW Local 176 Health, Welfare, Pension, Vacation and Training Trust Funds were denied summary judgment on their ERISA claims against New Frontier Electrical Construction, Inc. for delinquent fund contributions, with a federal district court in Illinois finding the existence of disputed facts as to whether New Frontier employed individuals for which contribution payments were required, and, if so, the amounts due. “Genuine disputes as to the audit’s calculations—particularly whether New Frontier employed additional employees that required contribution payments and whether the audit calculations accounted for non-labor items—preclude the issuance of summary judgment,” the court said.

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