Sec. 31-89a. Civil action to collect past due payments to funds. Penalty. - Connecticut Statutes

      Sec. 31-89a. Civil action to collect past due payments to funds. Penalty. (a) Payments to employee welfare funds, as defined in subsection (h) of section 31-53, which are past due under the terms of a written contract or rules and regulations adopted by the trustees of such funds shall be considered as wages for the purpose of section 31-72.

      (b) Any proprietor or partner who fails to pay the contributions when due to an employee welfare fund, as defined in said subsection, under the terms of a written contract or rules and regulations adopted by the trustees of such funds, or any officer, director or employee of any corporation who has been made responsible by the corporation for payment of such contributions which have not been paid when due, shall be fined not more than two hundred dollars or imprisoned not more than thirty days or both for each week of nonpayment. In addition, any proprietor or partner who fails to pay such contributions when due, and the officers or directors of any corporation which fails to pay such contributions when due, whether or not such officers or directors were made responsible by the corporation for the payment of such contributions, shall be personally liable in a civil action for payment of the amounts due such fund, as well as costs and reasonable attorney's fees.

      (1961, P.A. 218; 1967, P.A. 797; P.A. 80-296.)

      History: 1967 act replaced reference to Sec. 31-78 with reference to Sec. 31-53(h) and added reference to rules and regulations of fund trustees in Subsec. (a) and added Subsec. (b) imposing penalty for failure to pay contributions when due; P.A. 80-296 clarified provisions of Subsec. (b) and stated that officers, proprietors, etc. who fail to make contributions when due are liable for payment in a civil action regardless of whether they were "made responsible by the corporation for the payment of such contributions".

      Liability under this section is not extended because of failure to file notice of resignation required by Sec. 33-319a. 207 C. 639.

      Statute intended to apply to situations involving labor organizations. 57 CA 419.