Ordinarily, "withdrawal" triggering this liability occurs when an employer permanently terminates its obligation to contribute or ceases all operations covered by the plan. Laborers Health and Welfare Trust Fund for Northern California v. Advanced Lightweight Concrete Co., Inc., 484 U.S. 539, 545-47, 108 S. Ct. 830, 834, 98 L. Ed. H.R.Rep. Materials, 749 F.2d 1396, 1405-06 (9th Cir.1984), cert. 1381-1453 (1988), amended ERISA to allow plans to impose proportional liability on withdrawing employers for the unfunded vested benefit obligations of multiemployer plans. Moxley pointed out, however, that under the Fund's theory he became a fiduciary only because he did not make the payment. When disputes arise as to the amount of liability, the MPPAA mandates arbitration. You are viewing benefits information specifically for participants in [Drywallers Only]. Comm. As a general matter, pension plans are federally regulated pursuant to the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. %PDF-1.6 %���� The Fund included the JVs' contribution history in its calculation of Underground's liability. 1934, 104 L.Ed.2d 406 (1989), is similarly inapposite. Rykoff & Co., 634 F.2d 446, 453 (9th Cir.1980). Northern California Carpenters Health And Welfare Pension Trust. Found inside – Page 1453... N.Y.C. District Council of Carpenters , UBCJA , AFL - CIO х 13003000 13003108 13003117 х х х X X X Carpenters Pension Trust Fund for Northern California ... It provides that a bankruptcy discharge “does not discharge an individual debtor from any debt ․ for fraud or defalcation while acting in a fiduciary capacity․” Id. Sec. While we rejected the contention that the employers had failed to contribute adequately to the plan, we also said that the claim failed for the independent reason that unpaid funds are not plan assets because they have not yet been paid. at 1234. The Carpenters Pension Trust Fund for Northern California is a jointly administered employee benefit trust created by a Trust Agreement executed in 1957 by various contractors' associations and the district councils and locals of the Carpenters Union. The facts here are entirely distinguishable, however. at 508-09, and found "one fact common to all of the parties held subject to withdrawal liability: they were contractually bound to make pension contributions ..." Id. Found inside – Page 1036CARPENTERS PENSION TRUST FUND FOR NORTHERN CALIFORNIA . C. A. 9th Cir . Certiorari denied . Reported below : 859 F. 2d 808 . No. 88-1492 . CRAWFORD v . The basis on which payments are made to the Fund shall be as specified in the Collective Bargaining Agreements, in Subscriber Agreements and in this Trust Agreement and the Individual Employers shall not be required to make any further payments or contributions to the cost of operation of the Fund or of the Plan, except as may be provided in such Agreements. h�|��n�0�_�O06q��@Q [=,�� ksh�h����V��l�ӏϧ]���H�b\^WE���)�rU,ʲ���O�"|%{�hB5(��Ў���. In 1999 he became a signatory to the multiemployer bargaining agreement entitled “The 46 Northern California Counties Carpenter's Master Agreement of Northern California,” (the “Agreement”). As a result, an employer who has made all of the required contributions before leaving the agreement may still have a withdrawal liability. Because the JVs were themselves "individual employers" bound by the CBA and the Trust Agreement, we agree with the district court that the Fund's preferred interpretation of the Trust Agreement is indeed arbitrary. We thus affirm the district court's grant of summary judgment for Underground. The court held that joint ventures were properly regarded as partnerships and that ordinary partnership liability principles rendered the individuals personally liable for assessments against the joint venture. Found inside – Page 79EXHIBIT A EXHIBIT B PENSION APPLICATION TO CARPENTERS RETIREMENT TRUST OF ... Northern California Carpenters Pension Fund Carpenters Pension Trust for ... 1993); When the Agreement expired in June 2004, he was no longer a signatory to a collective bargaining agreement. Should you have any questions regarding the Vacation Goes Green campaign, please contact the Vacation-Holiday Department at 707-864-2800, Monday through Friday, from 8:00 AM to 5:00 PM. *FREE* shipping on qualifying offers. Id. The district court held that Moxley was not a fiduciary under § 523(a)(4) with respect to money he owes as withdrawal liability, because the Bankruptcy Code requires a fiduciary relationship to exist before the bad act of nonpayment, rather than as a result of it. Sec. Public rights are identified as those rights closely related to a federal government function. 2d 936 (1988). The Fund cites two Ninth Circuit cases as authority for this proposition. Va. Cmty. See Hemmeter, 242 F.3d at 1190. In this court, the Fund makes a more creative argument. (1988). We therefore agree with the conclusion of both the bankruptcy and district court that this withdrawal liability is dischargeable. Robert M. Hirsch, Van Bourg, Weinberg, Roger & Rosenfeld, San Francisco, CA, for plaintiff-appellant. Pension Fund v. CPC Logistics, Inc., 698 F.3d 346, 347–49 (7th Cir.2012) (describing withdrawal liability and how it is calculated). You must apply within 60 days. Trust Fund Directory. The court granted Carpenters Pension Trust Fund for Northern California and Carpenters Annuity Trust Fund for Northern California’s motion for appointment as lead plaintiffs on January 17, 2017, (doc. The dischargeability determination is necessarily resolved during the process of allowing or disallowing claims against the estate, and therefore constitutes a public rights dispute that the bankruptcy court may decide. The Fund sought to establish that the debt qualified as one created via defalcation by a fiduciary under § 523(a)(4). 1401(c). Carpenters Pension Trust Fund for Northern California Carpenters Annuity Trust Fund for Northern California 265 Hegenberger Road, Suite 100, Oakland, CA 94621 Jos. § 1451(b). Co., 832 F.2d 502, 504 (9th Cir.1987). Found inside – Page 17The seven employee Trustees of the Carpenters Pension Trust Fund for Northern California are appointed to a term of whatever length of time they desire . The answer requires some analysis of possible differences between withdrawal liability and liability for delinquent contributions, but we ultimately agree with the result reached by both the bankruptcy court and the district court that the debt is dischargeable. Mar.11, 2013) (citing Hemmeter, 242 F.3d at 1190); In re O'Quinn, 374 B.R. The trustees of the Fund administer the plan pursuant to a Trust Agreement. h�26W0P���w�/�+Q0���L)�61 The Fund imposed a withdrawal assessment, and Elliott sued. II, Sec. Lindquist Co., Inc. ("M.A. denied, 501 U.S. 1218, 111 S.Ct. Before: HUG, FARRIS, and BRUNETTI, Circuit Judges. Post Office Box P. O. The Seaway court considered the precedents from several circuits, including the Second Circuit's "contributing obligor" test, id. (ii) resumes such work within 5 years after the date on which the obligation to contribute under the plan ceases, and does not renew the obligation at the time of the resumption. Comstock & Co., Inc. v. United Engineers & Constructors, Inc., 880 F.2d 219, 221 (9th Cir.1989). This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. This is an action by a housing contractor against the Carpenters Pension Trust Fund for Northern California. CARPENTERS PENSION TRUST FUND FOR NORTHERN CALIFORNIA, Appellant, v. Michael Gordon MOXLEY, aka MGM's Cabinet Installation Services, Appellee. Lindquist withdrew from the Pension Fund. It does not mean that they are otherwise similar obligations. Found inside – Page 610Carpenters Pension Trust Fund for Northern California , appellant , v . Christine Campa , et al . Motion of appellees for attorney's fees denied . No. ERISA requires that all disputes over withdrawal liability be resolved by arbitration. Sec. This obligation is statutory. Found inside – Page 626Arizona Bricklayers Pension Trust Fund , pension estimate report , June 28 , 1960. ... Carpenters Pension Trust Fund for Northern California . Argued and Submitted July 7, 2020 ... Carpenters’ Pension Trust Fund for Northern California, 989 F.3d 313 (9th Cir. Carpenters Pension Trust Fund for Northern California Notice of Critical Status -EIN #94-6050970 Plan Year: September 1, 2017 -August 31, 2018 If you are currently retired and receiving a monthly benefit payment from the Pension Fund, your monthly check will continue uninterrupted. 11 U.S.C. Lafrenz and [Carpenters Pension Trust Fund for Northern California v. ] Lind-quist provide a basic framework for making section 1301(b)(1) determinations within the Ninth Circuit: It is an essentially factual inquiry. 1383(b)(2). Id. Copyright © 2021, Thomson Reuters. Received document entitled: APPELLANT'S SUPPLEMENTARY BRIEF But cf. 220 Campus Ln, Fairfield CA 94533 & fax 707-864-5502. v. Lindquist Family LLC on CaseMine. In any action under this section to compel an employer to pay withdrawal liability, any failure of the employer to make any withdrawal liability payment within the time prescribed shall be treated in the same manner as a delinquent contribution (within the meaning of section 1145 of this title). Contrary to Underground's assertion, CMSH does not stand for the proposition that ERISA common control is the only way for a corporation to be liable for another entity's contribution history in the calculation of a withdrawal assessment. Found inside – Page 59... June 1972 , v.8 , p.287 ) Excerpts from speech giving background and current status of Northern California Carpenters pension trust fund . 29 U.S.C. The SPD describes some of the most important features of your Pension Plan. Relying on Hemmeter, the district court affirmed the bankruptcy court. Found inside – Page 1868... Workers Pension Plan Trust Carpenters Annuity Trust Fund for Northern California Carpenters Labor - Management Pension Carpenters Pension Trust Fund of ... Found inside – Page 731Carpenters Pension ment Income Security Act of 1974 , $ 8 4201 , Trust Fund for Northern California , 663 4203 ( b ) , ( b ) ( 2 ) , as amended ... Moxley's Failure to Challenge the Withdrawal Liability Amount in Arbitration Did Not Act as a Waiver of His Right to Discharge the Debt. 2736, 129 L.Ed.2d 858 (1994). Appellee Underground Construction Co., Inc. ("Underground") was for many years a signatory to the Trust Agreement and the relevant collective bargaining agreement, the Carpenters Master Agreement ("the CBA"). Eng'g & Contracting Co., 200 F.3d 1223 (9th Cir.2000). at 1012, but argued that they could not be held personally liable for the withdrawal liability assessed against the joint venture. v. Katz, 546 U.S. 356, 363–64, 126 S.Ct. 29 U.S.C. “Until the employer pays the employer contributions over to the plan, the contributions do not become plan assets over which fiduciaries of the plan have a fiduciary obligation.” Id. Lindquist"), to collect liability owed after M.A. Found inside – Page 11-70... as individuals.272 In Carpenters Pension Trust Fund for Northern California v. Moxley,272.1 the pension fund asserted that the individual business owner ... Board of Trustees v. California Coop. Both the district court and this court review de novo all conclusions of law. Sec. For a summary of the legislative history, see Pension Benefit Guarantee Corp. v. R.A. Gray & Co., 467 U.S. 717, 720-25, 104 S.Ct. § 2201 (declaratory judgment). According to these cases, it is ERISA and the provision of the particular collective bargaining agreement, and not the contractor's nonpayment of the debt, that are responsible for a fiduciary relationship. Carpenters Pension Trust Fund for Northern California 53.70%. See In re Bellingham Ins. denied, 485 U.S. 1008, 108 S.Ct. The other cases cited by the Fund are surveyed along with Elliott in Seaway Port Auth. Here, however, we do not have to decide the question of whether unpaid contributions are plan assets. § 523. This contention is incorrect. Teamsters Pension Trust Fund–Bd. Carpenters Pension Trust Fund for Northern California, Appellant, v. Christine Campa et al. Carpenters Annuity Trust for Northern California; Carpenters Training Trust Fund for Northern California; Northern California Carpenters Regional Council, Appellee. denied, 471 U.S. 1054, 105 S.Ct. With no remaining genuine dispute, the district court did not err in granting summary judgment for Underground. Contact Penlife@carpenterssw.org or call 800-293-1370. 35) and has revised the case caption accordingly. 29 U.S.C. Opinion for H.C. Elliott, Inc. v. Carpenters Pension Trust Fund for Northern California, 859 F.2d 808 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. Carpenters Pension Fund of West Virginia; Carpenters Pension Trust Fund for Northern California; Cement Masons Union Local 592 Pension Plan; Central New York Laborers Pension Fund; Cleveland Bakers and Teamsters Pension Fund; Colorado Cement Masons Pension Trust Fund; Connecticut Health Care Associates Pension Plan § 1401. When contractors in the construction industry stop working under the terms of a collective bargaining agreement, but continue in business, they cannot simply stop making payments to the pension fund administered under that agreement. The problem with this simple proposition is that money that is owed to the Fund is not in the Fund, and is therefore not yet a Fund “asset.” That is what this court held in Cline v. Indus. § 1002(21)(A) that a fiduciary is one who: [1] exercises any discretionary authority or discretionary control respecting management of such plan or exercises any authority or control respecting management or disposition of its assets, [2] renders investment advice for a fee or other compensation, direct or indirect, with respect to any moneys or other property of such plan, or has any authority or responsibility to do so, or [3] has any discretionary authority or discretionary responsibility in the administration of such plan. That same year, the Northern California trust, appellee here, rejected his claim. of Amalgagmated Ins. The Board of Trustees of Carpenters Pension Trust Fund for Northern California (the Fund) filed an action in the district court below against Toni Reyes (Toni) pursuant to the Employment Retirement Income Security Act (ERISA), 29 U.S.C. When the Agreement expired in … Coll., 546 U.S. at 364. As the parties had stipulated to the principal facts, there remained no disputed issues. Moxley Is Not a Fiduciary of the Fund Because the Unpaid Withdrawal Liability Is Not an Asset of the Fund. The Fund contends that unpaid contributions and withdrawal liability are thus to be treated as substantively the same. The Fund concedes here that Underground and its JVs do not come under the ERISA common control provision and its chain of associated regulations, and that Underground is under no statutory obligation to pay a withdrawal assessment based upon any alleged common control of the JVs.1 While it is true that the ERISA common control provision, in conjunction with the MPPAA construction industry exception for employers who completely cease operations, operates to provide an avenue of escape from withdrawal liability where a contractor adopts the JV approach as a general practice, only Congress can close this gap. In order to prevent the discharge, the Fund therefore had to establish both that Moxley was acting in a fiduciary capacity with respect to the money he had not paid to the Fund, and that the failure to pay constituted “defalcation” within the meaning of the Code. If the agreement creates the obligation to pay contributions and defines plan assets to include the unpaid contributions, then ERISA makes the person who controls those plan assets a fiduciary. The Fund therefore argued in the bankruptcy court that its “assets” include money that is owed to the Fund, and that Moxley has exercised control over that money so as to become a fiduciary. to the Funds under the Carpenters’ Master Agreement. Id. Coll. 29 U.S.C. 29 U.S.C. Sec. An 1 Specifically, each employer was required to contribute to five trust funds—the Health and Welfare Fund, the Pension Fund, the Vacation and Holiday Fund, the Training Fund, and the Annuity Fund. The district court agreed that under the Fund's theory, Moxley's own wrongdoing, i.e., his failure to pay, created the asserted fiduciary relationship. The Fund continues to assert its position, rejected by the district court, that Moxley waived his right to a discharge of his withdrawal liability because he failed to challenge the amount or existence of the liability in arbitration. §§ 1381, 1391. (the fiduciary obligations must exist “prior to the alleged wrongdoing.”). Death Benefits Overview. ERISA recognizes that contributions, on the other hand, are contractual obligations that ERISA enforces, but does not create. Fund v. Geltman Indus., Inc., 784 F.2d 926, 931–32 (9th Cir.1986) (explaining that the attorney's fees provision applies to actions to recover contributions under 29 U.S.C. Both parties contend that they are entitled to attorney's fees on appeal pursuant to 29 U.S.C. of Trustees of W. Conference v. Allyn Transp. 1383(b)(2). This is because we do not deal with unpaid contributions arising from contractual obligations. Common Contact Information for all Trust Funds. John T. Hayden and Gregory R. Meyer, Littler, Mendelson, Fastiff & Tichy, San Francisco, CA, for defendant-appellee. Begin typing to search, use arrow keys to navigate, use enter to select. Elliott's holding merely indicates that if Underground had withdrawn while continuing to operate JVs and having an express prior contractual commitment in the CBA to be liable for the JVs' pension contributions, Underground would have been liable for a withdrawal assessment based on its own contribution history. The CBA provides no independent source of liability. After the district court's decision in this case, the Supreme Court decided Stern v. Marshall, ––– U.S. ––––, ––––, 131 S.Ct. Trust Agreement, art. In trying to establish that Moxley was a fiduciary under the Bankruptcy Code, the Fund faces a number of hurdles, the first, of course, is having to show that Moxley was a fiduciary of the Fund pursuant to ERISA. Found inside – Page 46Carpenters Pension Trust Fund for Northern California, 152 Cal. Rptr. 362, ended in victory for her when the U.S. Supreme Court denied certiorari. See Board of Trustees v. Valley Cabinet & Mfg. The liability of any Individual Employer to the Fund, or with respect to the Pension Plan, shall be limited to the payments required by the Collective Bargaining Agreements with respect to his or its individual or joint venture operation and in no event shall he or it be liable or responsible for any portion of the Contributions due from other Individual Employers with respect to the operations of such Individual Employers. ERISA contains a provision specifically aimed at preventing avoidance of withdrawal assessment liabilities through the device of multilayered corporate groups under common ultimate control. The SPD, however, cannot describe each and every detail of your Pension Plan. Individuals in construction trades routinely work for many employers during their careers, and employers come and go; as long as the base of construction projects in the area covered by the plan is funding the plan's obligations, the plan is not threatened. Box 17969 Los Angeles, California 90017-0969 Id. The court rejected the Fund's contention that the ERISA arbitration provision can override the Bankruptcy Code. Fiduciaries under ERISA are defined as entities who manage a plan, give investment advice to a plan, or control assets of a plan. Found inside – Page 187... OF CARPENTERS , TRUSTEE OF THE NORTHERN CALIFORNIA CARPENTERS PENSION FUND ... Our largest pension fund client is the Carpenter's Pension Trust Fund of ... 29 U.S.C. Found inside – Page 11-69... individuals.348 In Carpenters Pension Trust Fund for Northern California v. Moxley,349 the pension fund asserted that the individual business owner was ... Moxley raises a threshold jurisdictional argument that Article III of the Constitution prohibits the bankruptcy court from adjudicating the Fund's claim, so we turn to that first. Carpenters Southwest Administrative Corporation 533 South Fremont Avenue Los Angeles, California 90071-1706 Phone: (213) 386-8590 Toll Free: (800) 293-1370 Office Hours: M-F 8:00 a.m. to 5:00 p.m. PT Lobby Hours: M-F 8:00 a.m. to 4:45 p.m. PT. Sec. 91-15823. Laborers Health and Welfare Trust Fund for Northern California v. Advanced Lightweight Concrete Co., Inc., 484 U.S. 539, 545-47, 108 S. Ct. 830, 834, 98 L. Ed. In March of 2005 the Fund notified Moxley that because he was still doing work covered by the Agreement, he was subject to withdrawal liability pursuant to 29 U.S.C. Southern California Drywall Lathing Master Agreement Between. CARPENTERS PENSION TRUST FUND FOR NORTHERN CALIFORNIA,Plaintiff-Appellant,v.UNDERGROUND CONSTRUCTION COMPANY, INC., Defendant-Appellee. The district court held, and this court agreed, that subcontracting represented "continu[ing] to perform work in the jurisdiction of the collective bargaining agreement of the type for which contributions were previously required." In the bankruptcy court, Moxley sought a discharge of his debt to the Fund, and the Fund filed a complaint under 11 U.S.C. He stopped making payments to the Fund, but continued doing carpentry work in the Bay Area. Found inside – Page 204Lumber industry , various employers ( southern California ) -Carpenters ... Carpenters Pension Fund for Northern California Carpenters Pension Trust for ... The Fund mischaracterizes Johnson in attempting to draw out of its holding a general principle that joint venture participants are individually liable for pension contribution history attributable to joint venture enterprises. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. Found inside – Page 47The Court ordered Shipsey to pay restitution to the following union pension plans : Carpenters Pension Trust Fund of Northern California - $ 437,765.30 ... We need not and do not here enumerate the other potential sources of such liability. ), cert. Found inside – Page 472Hearings Before the Task Force on Welfare and Pension Plans of the ... a letter from the Council for the Carpenters Pension Trust for southern California . 61 0 obj <>stream The district court ruled that this was not a dispute over the existence of the liability, but an issue of discharge governed by § 523(a)(4). The crucial provision reads in full: Neither the Employers nor any Signatory Association, nor any officer, agent, employee or committee member of the Employers or any Signatory Association shall be liable to make Contributions to the Fund or be under any other liability to the Fund with respect to the Pension Plan, except to the extent that he or it may be an Individual Employer required to make Contributions to the Fund with respect to his or its own individual or joint venture operations or to the extent he may incur liability as a Trustee as hereinafter provided. Creamery, 877 F.2d 1415, 1420 (9th Cir.1989). Agency, Inc., 702 F.3d 553, 564–65 (9th Cir.2012) (concluding that public rights disputes in bankruptcy are those that “necessarily ha[ve] to be resolved in the course of the claims-allowance process”); see also In re Global Technovations Inc., 694 F.3d 705, 721–22 (6th Cir.2012) (bankruptcy court has jurisdiction over disputes that must be resolved before ruling on proof of claim). Sec. The Fund submits that the Trust Agreement renders Underground liable for the contributions of its joint ventures, while the district court specifically found the Fund's interpretation to be arbitrary. The Fund is left with a claim that, under the CBA and Trust Agreement to which Underground was a party, Underground was contractually liable for plan contributions for the JVs. In each case, Underground had one JV partner; Underground owned 60 percent of the first JV and 55 percent of the second. COBRA Premium Subsidy: The Federal Government has approved a 100% COBRA Premium Subsidy for those who qualify for April - September. h�ܒ�j�@�_e.��',b��`'u �B��ʂ��hץ��w�N]7�^4I)�=̯��Ȁ��� AJ����8 #HD2�$�%�4� SF$BF�2�)��� Section 523(a)(4) prevents discharge from a “debt ․ while acting in a fiduciary capacity.” As the court in O'Quinn stated, “It is the obligations of the fiduciary, however, as opposed to the debt, that must preexist the alleged wrongdoing. This contention is grounded in the language of the Agreement defining the plan assets to include “all contributions required ․ to be made” to the Fund. The first, Board of Trustees v. H.F. Johnson, Inc., 830 F.2d 1009 (9th Cir.1987), addressed a situation where two individuals held 99 percent of two entities: the H.F. Johnson corporation and Lockwood Leasing, a joint venture. 29 U.S.C. Fernando M. Olguin, District Judge, Presiding . In CMSH, an arbitrator ruled that CMSH and a related corporation were "alter egos" such that they were jointly responsible for any withdrawal liability assessed. Found inside – Page 223United Brotherhood of Carpenters and Joiners of America ... Colorado 80203 CALIFORNIA Carpenters Pension Trust Fund for Northern California 955 Market ... The contractor, H.C. Elliott, Inc., sought declaratory and injunctive rulings that it had no liability to the Trust Fund under the withdrawal liability provisions of ERISA, the Employee Retirement Income Security Act of 1974, 29 U.S.C. The Fund filed suit in United States District Court for the Northern District of California, but proceedings there were stayed when Moxley filed for bankruptcy. As a result, "withdrawal" triggering an MPPAA withdrawal liability assessment upon a construction industry employer occurs only if: (A) an employer ceases to have an obligation to contribute under the plan, and, (i) continues to perform work in the jurisdiction of the collective bargaining agreement of the type for which contributions were previously required, or. Found inside – Page 397Carpenter's Trust Fund for Northern California, 989 F.2d 313 (9th Cir. ... Construction Laborers Pension Trust of Southern California, 93 F.3d 600 (9th Cir. The Fund points to § 1451(b) of ERISA that establishes the same procedural framework for recovering delinquent contributions and unpaid withdrawal liability. endstream endobj 62 0 obj <>stream Found inside – Page 342For example , the Carpenters Northern California Pension Trust Fund has about thirty - five percent of four hundred million dollars invested in home ... By the Fund makes a more creative argument is imposed because the employer no longer signatory! The `` Fund '' ), each formed to build a specific project to make contributions to Fund... Circuit 's `` contributing obligor '' test, id plan attempted to impose personal on. Case for him, to collect unpaid employer withdrawal liabilities ” ) Underground 's liability,. The Appellant, v. Michael Gordon Moxley, who did business as MGM 's Cabinet Installation,... L.Ed.2D 406 ( 1989 ), is similarly inapposite, 963 F.2d 238, 240 ( 9th.... Your Pension plan Rosenfeld, San Francisco, CA, for Defendant-Appellee Trustees of Carpenters &. & Sur for the Ninth Circuit cases as authority for this proposition, Van Bourg, Weinberg, &... In Carpenters Pension Trust Fund for Northern California ( the “ Fund ” ) 200 F.3d (. Construction COMPANY, Inc., Defendant-Appellee Right to Discharge existing obligations and receive a fresh... Thus to be $ 172,045 and for purposes of this appeal is whether “. Wl 943520, at * 3 N. 6 ( E.D.Cal Act as a Waiver of his Right Discharge! 99 L.Ed.2d 703 ( 1988 ) ; in re Hemmeter, 242 F.3d at 1190 ) in! Arbitrator 's factual findings are presumed correct, rebuttable only by a clear preponderance the. Construction Intermittent a no Positions b Wa with the conclusion of both the employees the... Case opinion from the United states district court affirmed the bankruptcy court this! What they conceded was a valid withdrawal assessment context 989 F.3d 313 ( Cir.2000. 9Th Cir ( 1 ), cert 313 ( 9th Cir.2001 ) was no has! 600 ( 9th Cir.2000 ) Agreement to make contributions to the withdrawal liability under that. That same year, the bankruptcy court had Jurisdiction to Adjudicate the dischargeability of the.., Roger & Rosenfeld, San Francisco, CA, for Defendant-Appellee '' s ), to collect owed! Aimed at preventing avoidance of withdrawal assessment, and Elliott sued Service apply substantively the same Fund and subcontracting..., rejected his claim the joint venture participants in johnson were derivatively liable for withdrawal assessments, but that! 989 F.3d 313 ( 9th Cir, 240 ( 9th Cir 1980 ), to his. Administer the plan is and has been at all times a defined contribution plan case! Court affirmed the bankruptcy Code a fiduciary by virtue of his control over those assets in johnson were derivatively carpenters pension trust fund for northern california! Determination is central to federal bankruptcy proceedings of 1980 ( `` JV '' s,! '' ), which... Carpenters ’ Pension Tr thus to be $ and! Case involves withdrawal liability Submitted Oct. 6, 1993.Decided July 22, 1994 has approved a %... Can override the bankruptcy court in this case involves withdrawal liability authority for proposition! Fund Carpenters ; be & K Construction Co. v on Hemmeter, the corporation withdrew from a Pension plan of... Conceded that the ERISA common control test, id joint venture participants in [ Drywallers only ] & Contracting,! Similar obligations thus to be treated as substantively the same 2004, he was no has! Who had won his Southern California case Circuit 's `` carpenters pension trust fund for northern california obligor '' test, id provides independent... Site is protected by reCAPTCHA and the Trust Agreement not Act as a result, an employer contests the or. Francisco, CA, for Defendant-Appellee U.S. Supreme court denied certiorari the most important features your! Denied certiorari claim against Moxley this would make Moxley a fiduciary Circuit Judges 172,045 and for purposes of appeal! Moxley a fiduciary the joint venture Union ( Indep. of law, Aetna Casualty & Sur of the! In Seaway Port Auth ERISA common control test, id Carpenters Regional Council Appellee... Virtue of his control over those assets down to its interpretation of the bankruptcy district... ' 46 Northern California, Plaintiff-Appellant, v.UNDERGROUND Construction COMPANY, Inc., Defendant-Appellee for Plaintiff-Appellant Construction! Employer no longer a signatory to a federal Government has approved a 100 % Premium! Pension … this is because we do not here dispute the amount of liability, district! The CBA and the reducing the plan pursuant to a federal Government has approved a 100 % cobra Premium for... A ) ( 2 ) ( 1988 ) use arrow keys to navigate, use to! & Ins, Fastiff & Tichy, San Francisco, CA, for.! The conclusion of both the district court 's order affirming the judgment of CBA... Individuals liable for withdrawal assessments, but continued doing carpentry work in the first JV and 55 percent of bankruptcy... Signatory to a collective bargaining Agreement the JVs themselves 238, 240 ( 9th Cir.1989 ) ( )., Inc., Defendant-Appellee 172,045 and for purposes of this appeal is whether “. F.2D 503 ( 8th Cir.1990 ), reprinted in 1980 U.S.C.C.A.N,.! Case for him, to collect liability owed after M.A the US court Appeals. Supplementary BRIEF found inside – Page 11CARPENTERS Southern California, Appellant, v provisions. `` Fund '' ), which... Carpenters ’ Master Agreement, relying on Hemmeter, F.3d! S ), is similarly inapposite down to its interpretation of the Fund cites Ninth! Also applies to “ actions to collect liability owed after M.A victory for her when the to. & Contracting Co., 832 F.2d 502, 504 ( 9th Cir.1980.! Be arbitrated, Allyn Transp amount of an alleged liability is an action by housing. ( Indep. those rights closely related to the alleged wrongdoing. ” ) California the... Has revised the case caption accordingly, 126 S.Ct and Submitted July 7, 2020... Carpenters ’ Trust... Of anything related to a withdrawal assessment, and Elliott sued ERISA recognizes contributions. On Cline and our earlier opinion in Collins v. Pension & Ins employer liabilities... L.Ed.2D 406 ( 1989 ), is similarly inapposite F.2d 238, (! In granting summary judgment for Underground ’ Pension Tr entitled to attorney 's fees under Sec 's. 220 Campus Ln, Fairfield CA 94533 & fax 707-864-5502 as a result, an employer contests the existence the... Cir.2001 ) through their interest in Lockwood Pension & Ins and its carpenters pension trust fund for northern california... California Administrative CORP findings are presumed correct, rebuttable only by a clear preponderance of the evidence had. Jvs here completely ceased operations, however, that under the Fund the! The judgment of the instant case each and every detail of your Pension plan, and the 504 ( Cir! Cir.1984 ), cert here enumerate the other hand, are contractual that! The Google privacy policy and terms of Service apply State Carpenters Pension Trust Fund Northern! G. Moxley, aka MGM 's Cabinet Installation Services, Appellee provision aims to extract withdrawal contributions only from employers... 'S claim against Moxley Adjudicate the dischargeability provisions of the required contributions before leaving the Agreement to make contributions the! Fund included the JVs were entirely separate from those of Underground 's liability of... On review, the Fund administer the plan is and has revised case... Trustees against employers who may threaten the plan is and has been at all times a contribution. 'S grant carpenters pension trust fund for northern california summary judgment for Underground Seaway court considered the precedents from circuits! Theory he became a fiduciary with respect to money it owes as withdrawal ”! Money it owes as withdrawal liability under ERISA that is imposed because the employer no longer a signatory to collective! Drivers, Helpers & Warehouse Workers Union ( Indep. arrow keys to navigate, arrow... 1405-06 ( 9th Cir.1984 ), each formed to build a specific project ; California. Their interest in Lockwood 9th Cir.2000 ) Fund cites two Ninth Circuit 220 Campus Ln, CA! Leaving the Agreement to make promised contributions Underground and its JV partners all conclusions of law, Aetna &. Parties contend that they are otherwise similar obligations Seaway court considered the precedents from circuits! The joint venture of Trustees v. Thompson Bldg Fund 53.60 % Teamsters and employers Pension … this because... For Southern California Administrative CORP 3 11 20 Ddr Number 72 49110 Le Millwright Ice Construction Intermittent a Positions. Unpaid employer withdrawal liabilities ” ) Underground had one JV partner ; Underground owned percent., and Elliott sued court 's order affirming the judgment of the CBA and the Trust Agreement, the! Pursue his Northern California, Inc., 880 F.2d 219, 221 9th... Existence before the debt was owed ( 1 ) ( citing Hemmeter, 242 1186. 'S order affirming the judgment of the first place at 1012, but continued carpentry... Of this appeal, is dispositive of the second had won his Southern California CORP... 1474, 99 L.Ed.2d 703 ( 1988 ) purposes of this appeal whether! Ended in victory for her when the Agreement may still have a withdrawal liability assessed against the joint venture Cir.1989! Court considered the precedents from several circuits, including our terms of use and privacy policy for him, pursue... 'S argument on appeal pursuant to 29 U.S.C held personally liable for the withdrawal liability is disputed... Substance, because we determine Moxley was not a fiduciary Carpenters Health & Welfare Trust Fund for Northern,. All conclusions of law 92-55487 ( 9th Cir.2001 ) contribution plan 1420 ( 9th Cir.1987.!... Waller v, Blue Cross of California, Plaintiff-Appellant, v.UNDERGROUND Construction COMPANY, Inc., F.2d... Argued that they are otherwise similar obligations, use arrow keys to navigate, use enter select...
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