1. In accordance with the Declarations of Trust and ERISA, the Trustees of the International Union of Operating Engineers Local 132 Trust Funds have adopted a Policy for the Collection of Delinquent Fringe Benefit Employer Contributions at the Board meeting of August 18, 2009 with an effective date of October 1, 2009.  Included in this comprehensive policy are the following procedures to be followed by all Employers:
  2. Contributions and the supporting remittance report (collectively referred to herein as “Contributions”) are due by the fifteenth (15th) day following the end of each calendar month (the “Due Date”).
  3. Within five (5) days after the Due Date (or the next business day if the Due Date falls on a weekend or holiday), the Funds will send a written notice to each delinquent employer advising the employer that Contributions due must be received immediately to avoid attorneys’ fees and liquidated damages.
  4. On the fifteenth (15th) day after the Due Date (or on the next business day if the date falls on a weekend or holiday), the Funds will send to each delinquent employer a copy of the written notice previously sent marked as “Second Notice”.
  5. If the delinquent Contributions are not received by the Funds within ten (10) business days of the date of the Second Notice referred to in Paragraph 3, the Funds shall immediately refer the matter to legal counsel.
  6. Employers shall be liable for the payment of delinquent Contributions with interest at the rate of eighteen percent (18%) per annum (calculated from the day following the Due Date and compounded annually), plus liquidated damages of ten percent (10%) of the amount of delinquent Contributions owing, witness costs and attorneys’ fees, disbursements and court costs.  The charge to a delinquent employer for the costs and expenses of collection, in addition to any interest due, shall in no event be less than one hundred dollars ($100) for each failure to pay monthly Contributions.