A federal district court in Indiana ruled that a pension fund failed to show the owner of a bankrupt roofing contractor was personally liable for unpaid contributions to a union pension plan.
The National Roofing Industry Pension Fund sued William R. Kelso, the majority owner of a bankrupt roofing contractor, under the federal Employee Retirement Income Security Act to recover back pension contributions. The fund claimed that Kelso operated the firm in such a way as to become personally liable for the firms debts and, as the one responsible for the pension contributions, he became a fiduciary.