Opinion
22 cv 3106
07-18-2022
MID-AMERICA CARPENTERS REGIONAL COUNCIL PENSION FUND, Plaintiff, v. PEGGY KRIEG, Defendant
JUDGE FEINERMAN
DECLARATION OF KRISTINA M. GUASTAFERRI
KRISTINA M. GUASTAFERRI ADMINISTRATOR
Pursuant to 28 U.S.C. 1746,1, Kristina M. Guastaferri, do declare under the penalty of perjury that the following statements are true and correct to the best of my knowledge:
A. I am the Administrator of the Mid-America Carpenters Regional Council Pension Fund.
B. I have personal knowledge of the facts contained in this Declaration, and if called upon to testify, I would do so in accord with the following facts:
1. This action was brought by the Plaintiff Mid-America Carpenters Regional Council Pension Fund (“Pension Fund”) to recoup an overpayment of pension benefits from the Pension Fund made to Rosemarie Krieg (“Participant”) as the result of the intentional conduct or the fraudulent conduct of Peggy Krieg in failing to notify the Pension Fund of Rosemarie Krieg's death.
2. The Pension Fund is an ERISA-covered Pension Fund within the meaning of ERISA § 3(2)(A), 29 U.S.C. § 1002(2)(A). The Pension Fund maintains its office at 12 East Erie Street in Chicago, Illinois, where the day-to-day administration of the Pension Fund (including the recoupment of overpayments) is my responsibility as the Fund Administrator.
3. Rosemarie Krieg was a participant in the Pension Fund. Rosemarie Krieg died on October 20,2017. On information and belief, prior to her death Rosemarie Krieg resided in Illinois.
4. Peggy Krieg is the beneficiary of the Participant. On information and belief, Peggy Krieg resides at 409 W. Terrace Street in Villa Park, Illinois.
5. Rosemarie Krieg was the beneficiary of a carpenter who participated in the Pension Fund and as a result of employment as a carpenter became eligible for benefits from the Pension Fund.
6. Following the carpenter's death, Rosemarie Krieg began receiving a monthly pension benefit from the Pension Fund.
7. At all times relevant to this action, the monthly pension payments made to Rosemarie Krieg by the Pension Fund were deposited by the Pension Fund directly into a bank account maintained by or on behalf of Rosemarie Krieg. The pension payments were deposited into Account 7601799469 at BMO Harris. These monthly payments continued to be deposited by the Pension Fund into that same bank account until July 2021.
8. On information and belief, at all times subsequent to, Peggy Krieg had complete control over the account into which Rosemarie Krieg's monthly pension payments were deposited by the Pension Fund after her death.
9. In July 2021, the Pension Fund received information that Rosemarie Krieg had died on October 20, 2017.
10. Under the terms of the Pension Fund, upon death Rosemarie Krieg's pension benefits ended in October 2017 and no further benefits were payable from the Pension Fund.
11. At no time after October 20, 2017 did Peggy Krieg notify the Pension Fund of Rosemarie Krieg's death.
12. Because the Pension Fund was not notified of Rosemarie Krieg's death, monthly payments from the Pension Fund continued to be deposited into Rosemarie Krieg's account after the death. Because Rosemarie Krieg's monthly pension benefits were not timely stopped, there has been an overpayment from the Pension Fund in the principal amount of $11,793.35.
13. On information and belief, the Pension Fund asserts that Peggy Krieg withdrew the Pension Overpayment from the account or controls the access to the account in which the Pension Overpayment remains.
14. After being notified of Rosemarie Krieg's death, the Pension Fund and the Pension Fund's legal counsel sent numerous letters to Peggy Krieg. In the letters, the Pension Fund and the Pension Fund's legal counsel advised Peggy Krieg that the funds deposited by the Pension Fund into the account subsequent to Rosemarie Krieg's death resulted in an overpayment from the Pension Fund, and stated that these funds must be repaid to the Pension Fund.
15. Despite these requests made to Peggy Krieg on behalf of the Pension Fund, Peggy Krieg has not agreed to return the overpaid pension funds to the Pension Fund.
16. The Pension Fund has no adequate remedy at law.
17. The Pension Fund incurred attorney fees and costs in the amount of $1,344.50, which is based on $857.50 in attorney fees; the filing fee of $402; and the process server fee of $85.00.
18. The interest on the pension overpayment is $3,111.85 from the period of November 2017 through June 2022.