ST. LOUIS — Trustee representatives are suing Thoele Asphalt Paving Inc., citing alleged failure to pay monthly installments for the pension fund withdrawal liability.
Construction Industry Laborers Pension Fund, Patrick R. Pryor and Steve Schrimpf filed a complaint on April 19 in the U.S. District Court for the Eastern District of Missouri against the defendant, alleging that they violated the Employee Retirement Income Security Act of 1974 (ERISA).
According to the complaint, the plaintiffs allege that they failed receive accurate amount of withdrawal liability due to delinquent installment payment contributions to the pension fund and as required by the collective bargaining agreement.
The plaintiffs holds Thoele Asphalt Paving responsible because the defendants allegedly failed to make the required installment payments in accordance with the quarterly installment payment schedule amounting to $4,542 with a final quarterly payment of $3,899 and failed to make the lump sum payment amounting to $17,525 in accordance with the plaintiffs' sent notice.
The plaintiffs seek judgment for payment of the balance of all withdrawal liability with interest rate of 4 percent, liquidated damages, attorneys' fees, costs and such other further legal or equitable relief as the court deems appropriate. They are represented by Michael G. Newbold and Bradley J. Sollars of Arnold, Newbold, Winter and Jackson PC in Kansas City.
U.S. District Court for the Eastern District of Missouri Case number 4:17-cv-01358