PHILADELPHIA – A pension fund alleges a North Carolina-based employer failed to pay a surcharge.

Pension Fund for Hospital and Health Care Employees - Philadelphia and Vicinity and Laverne DeValia filed a complaint on Aug. 1 in the U.S. District Court for the Eastern District of Pennsylvania against Compass Group NAD and its Divisions, Morrison Healthcare Food Services at Presbyterian Medical Center citing the Employee Retirement Income Security Act and the Pension Protection Act of 2006.

According to the complaint, the DeValia, the executive director of the plaintiff fund, sent a letter to contributing employers of the plan in April 2016 that a new contribution rate with surcharge would be effective July 1. The plaintiffs allege Compass failed to pay that surcharge.

The plaintiff seeks judgment against the defendant for at least the sum of $17,828.08 plus interest, liquidated damages, court costs and any further relief the court grants. They are represented by Susan A. Murray of Freedman and Lorry PC in Philadelphia.

U.S. District Court for the Eastern District of Pennsylvania case number 2:17-cv-03429-AB

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