Electrical Insurance Trustees Health & Welfare Trust Fund v. WCP Solar Services, LLC
1:24-cv-11389
N.D. Ill.Jun 3, 2025Background
- Plaintiffs are multiemployer ERISA benefit funds seeking to recover unpaid contributions from WCP Solar Services, LLC under collective bargaining agreements.
- Defendant was contractually required to report union employee hours worked and make contributions to the funds; an audit revealed unpaid amounts.
- Most of the owed amounts were recovered from a bond, but about $28,370.42 in contributions, liquidated damages, and interest allegedly remain unpaid.
- Plaintiffs filed suit under ERISA §§ 1132, 1145 and LMRA § 185, alleging breach of written agreements.
- Defendant moved to dismiss, arguing that the claim is time-barred by ERISA's three-year statute of limitations under § 1113.
- The central focus is which statute of limitations applies: the federal ERISA period or Illinois’ state period for written contracts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Applicable statute of limitations | Illinois’ 10-year period for written contracts applies | ERISA § 1113 sets a shorter (three-year) limit for such claims | Illinois’ 10-year limitation period applies |
| Whether ERISA § 1113 applies | § 1113 applies only to fiduciary claims under Part 4 of ERISA | § 1113 covers all ERISA actions for unpaid contributions | § 1113 does not apply to §§ 1132, 1145 enforcement |
| Timeliness of the complaint | Complaint is timely under Illinois' ten-year period | Complaint is untimely under ERISA’s three-year limit | Complaint is timely |
| Dismissal at pleading stage | Statute of limitations defensive pleading is inappropriate here | Sufficient facts show claim is time-barred | Dismissal denied; claim not time-barred |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (plausibility standard for complaints)
- Central States, Southeast & Southwest Areas Pension Fund v. Jordan, 873 F.2d 149 (ERISA fund trustee actions for delinquent contributions use state written contract limitations period)
- Laborers’ Pension Fund v. Glendale Assoc., Ltd., 283 F.3d 877 (limitations analysis for enforcement of ERISA delinquent contributions)