Unpaid Contributions Are Not Plan Assets; Fiduciary Duty Claims Fail, Federal Judge Says

(December 1, 2017, 1:14 PM EST) -- HONOLULU — A pension fund trustee’s breach of fiduciary duty claims arising out of the defendants’ failure to make payments to a pension trust fund must be dismissed because unpaid contributions are not plan assets that would create a fiduciary obligation, a Hawaii federal judge said Nov. 13 (Hawaii Masons’ Pension Trust Fund, et al. v. Global Stone Hawaii Inc., No. 17-289, D. Hawaii, 2017 U.S. Dist. LEXIS 188771)....