What happens if I become delinquent with contributions?

If you become delinquent you will receive a series of letters and phone calls from the Trust Fund attempting to ascertain the reason for the delinquency and when we can expect payment. If the situation cannot be resolved, or if you completely ignore all attempts to resolve the matter with the Trust Fund, then the matter will be turned over to Legal Counsel for collection. You should be advised that under ERISA, you may then be liable for all attorneys fees and costs, interest, as well as liquidated damages.

Why is the charge so huge for being one day late?

A liquidated damage assessment will be the same whether your payment is one day late or thirty-one days late. The provisions of the collective bargaining agreement provide for an assessment of liquidated damages based on unpaid contributions.

Why am I charged liquidated damages?

According to the Collective Bargaining Agreement, reports are considered late if not received by the 20th of the month, and are assessed applicable late charges.

What if I cannot pay my contributions on time?

If you cannot pay your contributions on time, it is imperative that you send in the original contribution report without payment and a letter explaining the reason why the contributions will not be remitted at this time.  The letter should also include when you expect to remit payment. The Trust Fund will be in contact with you regarding payment of these contributions but it is imperative that we receive the contribution report since the data contained on this report is the basis for eligibility for your employees. Notification to the Trust Fund of your inability to pay the contributions in a timely manner will not relieve you of any liquidated damages and/or interest that may be assessed.

Do I have to use the Fund’s contribution reports or can I use my own worksheets when remitting contributions?

It is preferable that you use the contribution reports which we send you on a monthly basis. The reason for this is that the names of the employees appear in our computer system in the same order as they appear on the contribution reports. This makes entering the data into the computer much easier and less prone to error. If you are going to submit contributions on a worksheet that you have created, we request that you make sure the employees are listed in alphabetical order with social security numbers.  The hours and wages should be displayed next to each name.