The opinion of the court was delivered by: J. Phil Gilbert U.S. District Judge
FINDINGS OF FACT AND CONCLUSIONS OF LAW
This is an action brought by the Trustees of Central Laborers' Pension, Welfare & Annuity Funds (Plaintiff) under §§ 502 and 515 of the Employee Retirement Income Security Act of 1974 (ERISA), as amended 29 U.S.C. §§ 1132, 1145, to recover certain fund contributions allegedly owed by Walter A. Allen (Allen).
Pursuant to Federal Rule of Civil Procedure 52, the Court makes the following findings of fact and conclusions of law:
Allen's admissions and the evidence at trial establish the following relevant facts: The Parties
1. The Central Laborers' Pension, Welfare & Annuity Funds operates through its trustees.
2. The basis for the operation of the Funds is an Agreement and Declaration of Trust (Declaration of Trust).*fn1
3. Allen was an officer and director of the J & W Allen Construction Company, Inc., an Illinois corporation (J & W Allen), during the period of time relevant to the Complaint.
Agreements between J & W Allen and the Laborers' International Union 4. J & W Allen executed agreements with the Laborers' International Union called Participation Agreements.
5. Allen signed one of these Participation Agreements on December 8, 1993. (P.'s Group Ex. 6).
6. J & W Allen executed a Collective Bargaining Agreement with Central Laborers' Pension, Welfare & Annuity Funds. (P.'s Group Ex. 6).
7. These Agreements collectively required J & W Allen to make contributions for its employees into the Trust Funds and to comply with the Declaration of Trust.
8. Article 6, Section 3 of the Declaration of Trust reads as follows: Where an audit discloses a difference between hours actually worked by an employee and hours reported to the Trust by his Employer and where such audit discloses any willful violation of any of the requirements of this Trust Agreement . . . those officers and directors of such Employer . . . who supervised the completion of report forms, signed report forms or can be determined to have had personal knowledge of such conduct, shall be ...