The district court reasonably concluded that impleading the union would be inconsistent with the purposes of ERISA in providing a streamlined and simplified procedure for employee benefit trust funds to collect delinquent contributions. The Supplemental Plan provides an additional annual benefit for retirees already receiving pensions from the Western Conference of Teamsters Pension Plan (the "Primary Plan"). 1983), cert. Murrietta, and Maurice E. Anderson, the director of the Western Conference of Teamsters, agreed to contact the trust fund and request a waiver of the obligation to make contributions for this period.1 Murrietta and Anderson assured Rozay that the delinquent payments would be forgiven, noting that the trust fund had waived the unpaid pension contributions of other employers under similar circumstances. Publications As section 403(c) (2) (A) (ii) of ERISA, 29 U.S.C. We affirm. Treasurer. Id. Other Information | The Western Conference of Teamsters Pension Trust A third-party beneficiary's rights are generally subject to any contract defense which the promisor could assert against the promisee if the promisee were suing on the contract. Pension Benefits - Teamsters Thus, Rozay's Transfer argues, the settlement agreement bars the trust fund's claim for delinquent contributions. In Operating Engineers Pension Trust v. Gilliam, 737 F.2d 1501, 1503 (9th Cir. 140 W. Main Street Midland, MI 48640 P.O. Schedule is subject to change. By accessing the WCTPT website, you accept its terms and conditions. CV 84-8313 MRP (Bx) (C.D. 221, 228 (1981); see, e.g., Lewis v. Benedict Coal Corp., 361 U.S. at 468-71, 80 S. Ct. at 494-96 (precluding the employer from raising a union's strike in violation of the bargaining agreement as a defense to a trust fund collection action based on the same agreement). 1985); Operating Engineers Pension Trust v. Reed, 726 F.2d 513, 514 (9th Cir. In two recent cases, we have had occasion to consider the availability of fraud as a defense to an employer's obligation to make trust fund contributions under a collective bargaining agreement. Southwest Administrators Teamsters in Los Angeles, CA. The district court denied cross-motions for summary judgment on Southwest Administrators' complaint to collect delinquent contributions. However, the full text of those letters indicates that the trust was merely summarizing federal law which requires contributions to be made while a current bargaining agreement is in effect or while negotiations are pending:As you are aware, the Trust cannot accept pension contributions unless there is a written labor agreement and Employer-Union Pension Certification in effect requiring such contributions or unless negotiations for a new agreement are pending.

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