B + B Electric Co. v. Electrical Workers Local Union No. 369 Retirement Fund

MEMORANDUM OPINION

HEYBURN, Chief Judge.

Plaintiff B + B Electric Co. (“B + B”) brought this action against Defendant Electrical Workers Local Union No. 369 Retirement Fund (“Fund”) to recover overpayments it made to the Fund on behalf of its employees. B + B is a member of the National Electric Contractors’ Association and employs electrical workers. The Fund is a multi-employer pension benefit plan as defined in the Employee Retirement Income Security Act (“ERISA”). 29 U.S.C. § 1002(2)(A). ERISA and federal common law therefore govern this case. Both parties have filed cross motions for…