Now you can log in to a secure, private website to get benefit payment information, update direct deposit and tax elections, view and print tax documents and more. 6 C. Wright & A. Miller, supra Sec. The City Treasurer's office serves taxpayers, citizens, and staff for the following programs and services: Treasury administration, property tax administration, pension administration, payroll, cash receipts, utility billing, and accounts receivable. Filter your search results by job function, title, or location. In Waggoner, an employer was fraudulently induced to enter a bargaining agreement by the union's oral representation that the trust fund contributions of the agreement would not be enforced. However, even after the expiration of the bargaining agreement, Rozay's Transfer was obligated to continue to make contributions to the employee benefit trust fund. Rozay's Transfer v. Local Freight Drivers, Local 208. Accordingly, Rozay's Transfer was fully obligated to make pension fund contributions during this period. After the agreement had expired, and while negotiations were continuing over the terms of a successor agreement, Rozay's Transfer continued to make contributions to the trust fund pursuant to the terms of the 1978-81 bargaining agreement. 158(a) (5), it is an unfair labor practice for an employer to change unilaterally the conditions and benefits of employment while negotiations for a new bargaining agreement are pending. This section explains what you need to know and do to get the most from your Plan benefits. Go to the Plan Documents page to view new year-end 2022 documents issued in the Spring of 2023. This section explains what you need to know and do to get the most from your Plan benefits. 1984).5 This mandate includes the recovery of attorneys' fees incurred on appeal. Rozay's Transfer contends that its bargaining agreement is invalid, because it was the product of fraudulent inducement. 1984). If you are presently in negotiations, operating under a continuation clause, or the renewed contract is being printed, etc., please advise our office accordingly so that we may continue to accept contributions. Southwest Administrators, Inc., an employee benefit trust fund administrator, brought this action against Rozay's Transfer, an employer, to recover allegedly delinquent trust fund contributions. In light of the company's precarious financial position, Rozay expressed serious concerns about being required to make retroactive pension fund contributions for the period between May, 1982 and February, 1983. The district court reasonably concluded that impleading the union would be inconsistent with the purposes of ERISA in providing a streamlined and simplified procedure for employee benefit trust funds to collect delinquent contributions. WESTERN CONFERENCE However, on February 16, 1983, the trustees of the Western Conference of Teamsters Pension Fund, voted to deny the request to forgive the unpaid contributions. Site Map Waggoner, 649 F.2d at 1366. Thus, when a collective bargaining agreement expired, in order for the employer to be reinstated in the trust fund, the new agreement had to provide for the payment of contributions for the interim between the two agreements. denied, 446 U.S. 919, 100 S. Ct. 1853, 64 L. Ed. The Teamsters Pension Trust Fund was formed to provide participating employees and employers with an affordable, comprehensive and efficient retirement program. This subsequent judgment in the related case does not affect our conclusion in the instant case. While the NLRB charge and the grievance were pending, William S. Rozay, the owner of Rozay's Transfer, and Archie Murrietta, president of Local 208, eventually reached a settlement. Consequently, the express written terms of the bargaining agreement, providing for full pension fund contributions for the disputed period, must be enforced, notwithstanding any oral understandings to the contrary. It does not replace or affect the normal monthly pension from the Primary Plan. About Email Signup This database contains PDF copies of each Michigan districts collective bargaining agreements for teachers, bus drivers, aides, office staff and other employees. Provide basic tax withholding information. However, the full text of those letters indicates that the trust was merely summarizing federal law which requires contributions to be made while a current bargaining agreement is in effect or while negotiations are pending:As you are aware, the Trust cannot accept pension contributions unless there is a written labor agreement and Employer-Union Pension Certification in effect requiring such contributions or unless negotiations for a new agreement are pending. 1984). Pursuant to the agreement, Rozay's Transfer made monthly contributions on behalf of its employees to the Western Conference of Teamsters Pension Trust Fund. If your pension check is mailed to your home and you move, it may take up to two months before your check is mailed to your new address. You already receive all suggested Justia Opinion Summary Newsletters. 1985), cert. bargaining agreements, or links to those agreements, to Employee Email, Cemetery records regarding ownership of lots and burial records, Establishing a New Account and Making Changes to an Existing Account, Airport Joint Operations and Management Board, Do you want to pay a bill online? 2023 Mackinac Center for Public Policy, Administration, Professional,and Transportation, Administration, Custodial, Food,and Office, Administration, Office,and Transportation, Custodial, Professional, Transportation,and Otherstaff. 428 Vacation Savings Trust Fund, Butcher and Provision Workers Pension Fund of Southern California, Colorado Plasterers and Cement Masons Benefit Health Fund, Colorado Cement Masons Pension Trust Fund, Teamsters Local 2727 Retiree Medical Benefits Trust, Intermountain UFCW and Food Industry Health Fund, UFCW Local 711 & Retail Food Employers Benefit Fund, Utah-Idaho Teamsters Security Fund - Actives, Intermountain Retail Food Industry Pension Trust Fund, Retail Food Employers and UFCW Local 711 Pension Fund, Sheet Metal Workers Local 49 Family Health Plan, UFCW & Employers AZ H&W Trust (formerly NM UFCW), New Mexico Electricians Retirement Benefit Fund, New Mexico State Conference of Plasterers' & Cement Masons' Retirement Benefits Fund, Sheet Metal Workers Local 49 DCP/401K Plan, Plumbers and Pipefitters Local 430 Health and Welfare Fund, NECA-IBEW Local Union No. PRUDENTIAL, ITS AFFILIATES AND ITS SALES PROFESSIONALS DO NOT RENDER TAX OR LEGAL ADVICE. Stephen P. Pepe, O'Melveny & Myers, Peter Marx, Los Angeles, Cal., for defendant/appellant. In Bjorklund, an employer signed a collective bargaining agreement relying upon the union representative's false assurance that the employer himself would be eligible to obtain a pension and that he would not be required to make contributions for his part-time employees. 3-305 comment 7. Welcome to the Teamsters Western Region & Local 177 Health Care Plan! The parties also executed a settlement agreement resolving the NLRB unfair practice complaint and the breach of agreement grievance. However, Rozay's Transfer may now be entitled to indemnification for liability incurred as a result of this collection action appeal. Click here for details. PICA IS A PRUDENTIAL FINANCIAL COMPANY. Plan updates and your annual Internal Revenue Service Form 1099R or Form 1042S are mailed to your home address. As in the instant case, the fraudulent misrepresentation in Bjorklund went directly to the employer's central motivation for entering into the agreement. Rozay's Transfer contends that the trust fund's own rules forbade acceptance of contributions made after the expiration of the collective bargaining agreement. CLAIM THIS BUSINESS 1000 S FREMONT AVE # 11 ALHAMBRA, CA 91803 Get Directions (626) 284-4792 Business Info Founded 2007 Incorporated CA Annual Revenue $12,300,000.00 Employee Count 300 Industries Pension Funds Contacts TONI L ROBERTS Contact Business Message Send Message Company Summary These two decisions arrived at opposite results based upon the different types of fraud involved. To have granted the impleader might well have complicated and lengthened the trial, and would have introduced the extraneous question of remedies in the third-party action, such as whether the collective bargaining agreement should be rescinded by reason of the union's allegedly fraudulent conduct.4VII. After the mandate issues, the district court will assess a reasonable attorneys' fee for this appeal. The decision whether to implead a third-party defendant is addressed to the sound discretion of the trial court. Get started with your Free Employer Profile, Customer Service Representative (Eligibility), The Ultimate Job Interview Preparation Guide. Southwest Service Administrators Teamsters Western Region & Local 177 Health Care Plan (UPS) (855) 215-2039 Teamster Privilege Benefits Pensions PERS Northwest Administrators Teamsters 401 (k) Western Conference of Teamsters Pension Trust Sign Up for Teamsters Local 572's Newsletter for Upcoming News and Events Teamsters Local 572 Treasurer. 2d 273 (1980); 6 C. Wright & A. Miller, supra Sec. 1983), cert. | The claim that a promise to make contributions was fraudulently induced is not a legitimate defense to the trust fund's action to recover delinquent contributions.3 Bjorklund, 728 F.2d at 1266. Id. See Carpenters Southern California Administrative Corp. v. Russell, 726 F.2d 1410, 1417 (9th Cir. 221, 228 (1981); see, e.g., Lewis v. Benedict Coal Corp., 361 U.S. at 468-71, 80 S. Ct. at 494-96 (precluding the employer from raising a union's strike in violation of the bargaining agreement as a defense to a trust fund collection action based on the same agreement). Home; About Us. Id. However, such a reading provides, at most, that Rozay's Transfer would not be required to pay the delinquent contributions as part of the resolution of the unfair labor practice charge and the grievance. The settlement agreement executed by Rozay's Transfer and Local 208 states that it resolves all disputes between the parties arising out of the alleged unfair labor practice and provides that the grievance would be withdrawn. All Rights Reserved. Local 208 thereafter withdrew the NLRB unfair labor practice charge and the grievance. | On Appeal from the United States District Court for the Central District of California. See J. EACH COMPANY IS SOLELY RESPONSIBLE FOR ITS FINANCIAL CONDITION AND CONTRACTUAL OBLIGATIONS. The Supplemental Plan is provided at no charge to retirees; the participating employers . James Oswald, Davies, Roberts, Reid & Wacker, Seattle, Wash., for plaintiff/appellee. Comment, Denying the Illegality Defense: An Enigmatic Approach to the Delinquent Pension Fund Contribution Problem, 34 Stan. OF TEAMSTERS The Account Manager for our TX operation is responsible for full account management for those client(s) and oversees the general office operation with support from the . Teamsters Local 104 - Tucson 238 W. Elm St. Tucson, AZ 85705 Mar 21 Tue Western Conference of Teamsters Pension Rep Visit Mar 21, 2023 Phoenix Hall - 1450 South 27th Ave. Phoenix, AZ 85009 Mar 25 Sat GENERAL MEMBERSHIP MEETING - TUCSON Mar 25, 2023 TEAMSTERS LOCAL 104 - TUCSON 238 W. ELM ST TUCSON, ARIZONA 85705 Apr 04 Tue The district court concluded that sections 502(a) and 515 of the Employee Retirement Income Security Act, 29 U.S.C. 20, at 36 (3d ed. KEY NOT FOUND: ei.filter.lock-cta.message. To assure the best customer experience for an in-person visit, we encourage you to schedule an appointment by visiting the following link Contact - NORTHWEST ADMINISTRATORS, INC. (nwadmin.com). 163 (1981). In 1980, Congress amended ERISA by adding section 306(a), 29 U.S.C. In an action to recover delinquent contributions, the trust fund stands in the position of a third-party beneficiary of the collective bargaining agreement. Union contracts spell out not just salaries and benefits, but also information about class size, employee evaluations, school calendars, and more. * Please make sure to use the latest browser version. The independent force of the separately adopted collective bargaining agreement still requires Rozay's Transfer to pay the delinquent contributions. Contact Prudential Financial at their toll-free number (800) 336-3387 as soon as you are aware of your new address. Accordingly, the unambiguous terms of a collective bargaining agreement providing for employee benefit contributions should prevail in all but the most compelling of circumstances. II STANDARD OF REVIEW We accept the district court's findings of fact because they are not clearly erroneous. For an employer to be obligated to make employee benefit contributions to a trust fund, there must exist a binding collective bargaining agreement. Why Join Us | Member Resources Access your documents and benefits, update information, or report a grievance. 1983). 6 C. Wright & A. Miller, Federal Practice and Procedure Sec. 1002(2), (37) (A). Publications Maxwell v. Lucky Construction Co., Inc., 710 F.2d 1395, 1397-98 (9th Cir. TEAMSTERS LOCALS 63, 396 & 495 : Southwest Administrators, Inc Covina Office: To maintain a defense of fraud in the execution, Rozay's Transfer would have to establish "excusable ignorance of the contents of the writing signed." Southwest Administrators, Inc. specializes in Pension Funds. We held that the express terms of the agreement were to be enforced in favor of the trust fund because oral modification of the employee benefit provisions was forbidden by section 302 of the Labor Management Relations Act, 29 U.S.C. Instead the misrepresentation concerned whether the express provisions of the agreement would in fact be enforced--an example of fraud in the inducement, as the district court found. Monday through Friday Learn More My pension check View pension check schedules, get set up for direct deposit, and verify your income. Federal Rule of Civil Procedure 14(a) provides that a defending party may implead a third party "who is or may be liable to him for all or part of the plaintiff's claim against him." See 12 Williston on Contracts Sec. Pleasant, Michigan 48858 - (989) 779-5300 IBEW Local 769 and Southwestern Line Constructors N.E.C.A. WCTPT representatives are available over the phone Monday-Friday, 8:00 a.m.-5:00 p.m. PDT at 1-800-531-1489 to answer any questions or to schedule an interview over the phone. The position of City Treasurer is established by City Charter. A workplace union for the automotive, industrial, theme park, service sector and allied workers. 140 W. Main Street Midland, MI 48640 P.O. Past Employment and Intermediate Employment, Employer-Union Pension Certification Form. 186. See Lewis v. Benedict Coal Corp., 361 U.S. 459, 468, 80 S. Ct. 489, 494-95, 4 L. Ed. Our similar businesses nearby shows similar businesses in their industry and region based on information found in their Dun & Bradstreet Credibility Review profile. The defrauded party may recover the property from the bona fide purchaser or avoid honoring the negotiable instrument held by the holder in due course only if the initial transaction was "void" rather than merely "voidable." Rozay's Transfer contended that its obligation to make pension fund contributions dated only from March 8, 1983, when the collective bargaining agreement was signed. Union contracts spell out not just salaries and benefits, but also information about class size, employee evaluations, school calendars, and more. denied, 464 U.S. 1071, 104 S. Ct. 981, 79 L. Ed. | However, this is simply another way of saying that the union fraudulently induced Rozay to enter the contract. Both stem from the union's oral misrepresentation as to the effect of the bargaining agreement. He did not advise Rozay of this action. Elected Officials Urge Company to Follow Labor Law, Deliver an Agreement, TEAMSTERS RATIFY INDUSTRY-LEADING CONTRACT AT UNITED AIRLINES, HONORING DR. KING AND THE FIGHT FOR LABOR DIGNITY, TEAMSTERS LOCAL 104 ENDORSES RUBEN GALLEGO FOR US SENATE. Slow, less stable, much more vulnerable to viruses, spyware, malware, and prone to other security issues! Fraud in the execution results in the agreement being void ab initio, whereas fraud in the inducement makes the transaction merely voidable. | Start the process of applying for Retirement, Disability, or Survivor Benefits here. Click here for details. 1979), cert. Find a provider using the links below and view plan documents! A third-party beneficiary's rights are generally subject to any contract defense which the promisor could assert against the promisee if the promisee were suing on the contract. Pension Administrative Offices are open to assist plan participants. 1000 S FREMONT AVE # 11 ALHAMBRA, CA 91803 If you have any questions about your benefits, call the office at 855-215-2039. New Mexico Electricians Retirement Benefit Fund New Mexico State Conference of Plasterers' & Cement Masons' Retirement Benefits Fund Sheet Metal Workers Local 49 DCP/401K Plan. Log in to your accountfor 24-hour access to your pension payments, account updates, payment history, direct deposit, and more! H&W Trust Fund, Operating Engineers' Local No. Click here. 1984). IMPORTANT MESSAGE: Due to the coronavirus outbreak, our local union offices and WCTPT Administrative Offices are temporarily closed to in-person interviews with participants. As of January 1, 2019, your Plan is the largest multiemployer pension plan in the United States. 1977). denied, --- U.S. ----, 106 S. Ct. 1374, 89 L. Ed. Select from over 115 networks below to view available data about this business. By accessing the WCTPT website, you accept its terms and conditions. 3-305(2) (c); see Restatement (Second) of Contracts Sec. Southwest Service Administrators, Inc. The purpose of this rule is to promote judicial efficiency by eliminating the necessity for the defendant to bring a separate action against a third individual who may be secondarily or derivatively liable to the defendant for all or part of the plaintiff's original claim. 9-22, at 293; J. The distinction between the types of misrepresentation presented in Bjorklund on the one hand and Gilliam on the other is the distinction between "fraud in the inducement" and "fraud in the execution" (or "fraud in factum"). 225 (1985). Although the settlement agreement amends the new collective bargaining agreement with respect to certain provisions concerning wages, holiday pay, and sick leave, it leaves the pension fund contribution provisions unaltered. 515 of ERISA, 29 U.S.C. 1970). 1983). In any action under this subchapter by a fiduciary for or on behalf of a plan to enforce section 1145 of this title in which a judgment in favor of the plan is awarded, the court shall award the plan--. at 1504-05. 1488, at 332 (3d ed. But there simply was no confusion as to the actual contents of the agreement. 8 a.m. to 4 p.m. PT (excluding holidays). NEW Year-End 2022 Documents Available. situs link alternatif kamislot If the Prudential Financial representatives cannot help you, they will connect you to someone who can. 1443, at 210. Google Chrome, Mozilla Firefox, Microsoft Edge, Apple Safari, Opera. However, the court did grant summary judgment against Rozay's Transfer on the counter-claim to recover contributions paid after the expiration of the old agreement.2. Uniform Commercial Code Sec. Indeed, the situation in Bjorklund was quite similar to that presented in the instant case. When Rozay's Transfer ceased making contributions sometime after the expiration of the old bargaining agreement, Local 208 filed an unfair labor practice charge with the NLRB and brought a grievance alleging that the failure to continue making contributions constituted a breach of the expired bargaining agreement. WELCOME . The district court expressly found that Rozay's Transfer had been "fraudulently induced" into executing the collective bargaining agreement and cited Bjorklund for the proposition that such fraudulent inducement cannot be maintained as a defense in a trust fund collection action. 2d 553 (1984). The Western Conference of Teamsters Pension Plan assumed responsibility for administering the Western States Food Plan. The employer must maintain the benefits and conditions of employment under the expired agreement until the parties negotiate a new agreement or bargain in good faith to impasse. GetDirections. Producers Dairy Delivery Co., Inc., v. Western Conference of Teamsters Pension Trust Fund, 654 F.2d 625, 627 (9th Cir. 2d 890 (1986); see generally Note, An Employer's Implied Cause of Action for Restitution Under Section 403 of ERISA, 54 Fordham L. Rev. 146 Pension Plan, Plumbers and Pipefitters 286 Money Purchase Plan, U.A. Under traditional contract law and negotiable instruments law, personal property or a negotiable instrument transferred by virtue of a misrepresentation may subsequently be transferred to a bona fide purchaser for value or a holder in due course--innocent third parties who take in good faith and without notice of any defects in the chain of ownership. Account Changes and Payments Tax Filing Documents and Semiannual Statements Plan Health and Miscellaneous You can also visit the Forms Page to download important documents for your plan. To assure the best customer experience for an in-person visit, we encourage you to schedule an appointment by calling the number listed below. Subsequently, Southwest Administrators, Inc., the assignee of the Western Conference of Teamsters Pension Trust Fund, filed this action against Rozay's Transfer under sections 502(a) and 515 of the Employee Retirement Income Security Act (ERISA), 29 U.S.C. Calamari & J. Perillo, The Law of Contracts Sec. Our competitive landscape shows how this business compares to similar businesses in their industry and region based on information found in their Dun & Bradstreet Credibility Review profile. at 1366. Id. Pension Analyst - AZ: Southwest Service Administrators: Phoenix, AZ: $35K-$40K: Accounts Payable/Receivable Data Entry Clerk - AZ: Southwest Service . 2023 PRUDENTIAL FINANCIAL, INC. AND ITS RELATED ENTITIES. The City Treasurer's office serves taxpayers, citizens, and staff for the following programs and services: Treasury administration, property tax administration, pension administration, payroll, cash receipts, utility billing, and accounts receivable. Copyright 2008-2023, Glassdoor, Inc. "Glassdoor" and logo are registered trademarks of Glassdoor, Inc. The district court denied Rozay's Transfer's motion for leave to file a third-party complaint against Local 208 for rescission of the collective bargaining agreement or, in the alternative, for indemnification and for fraud. 1983), cert. Download the WCT Pension Plan Document, Summary Plan Description, Agreement & Declaration of Trust, Form 5500, Actuarial Report, PPA Actuarial Certification with Explanation, Annual Funding Notice and Notice to Employers & Unions. You can explore additional available newsletters here. Laborers Health and Welfare Trust Fund, 779 F.2d at 500 & n. 3; American Distributing Co., Inc. v. NLRB, 715 F.2d 446, 449 (9th Cir. To help you continue making good decisions during retirement, pleasevisit our library of resources for retirees. | White & R. Summers, Uniform Commercial Code Sec. Contact, (989) 631-0900 Local 208 also filed a grievance alleging the cessation of contributions to the trust fund violated the collective bargaining agreement. This distinction between these two types of fraud may be very significant in determining the rights obtained by third parties as a result of an agreement. It covers 200,000 active participants through pension agreements negotiated by Teamster local unions with more than 1,600 employers predominantly in 13 Western states. Go to the Plan Documents page to view new year-end 2022 documents issued in the Spring of 2023. Southwest Administrators Teamsters in Los Angeles, CA. "Fraud in the execution" arises when a party executes an agreement "with neither knowledge nor reasonable opportunity to obtain knowledge of its character or its essential terms." Donate Western Conference of Teamsters Pension Trust. Subsequent to the entry of judgment by the district court in this trust fund collection action, Rozay's Transfer initiated a separate action against Local 208 alleging fraudulent misrepresentation. PRUDENTIAL, THE PRUDENTIAL LOGO AND THE ROCK SYMBOL ARE SERVICE MARKS OF PRUDENTIAL FINANCIAL, INC., AND ITS RELATED ENTITIES, REGISTERED IN MANY JURISDICTIONS. 1489, at 341-42. 14-9, at 572-75 (2d ed. Whether certain contract defenses are available in an action to recover delinquent trust fund contributions is a question of law. 2d 601 (1986). Stronger Members. Please contact your Local Union to verify that a Southwest Administrators Representative will be available. Your Plan is one of the largest and financially strongest pension plans in the United States. In Operating Engineers Pension Trust v. Gilliam, 737 F.2d 1501, 1503 (9th Cir. Award Service, Inc. v. Northern California Retail Clerks Union and Food Employers Joint Pension Trust Fund, 774 F.2d 1391, 1392 (9th Cir. 1145, to limit further the range of defenses available in an action for delinquent trust fund contributions. See also Operating Engineers Pension Trust v. Giorgi, 788 F.2d 620, 623 (9th Cir. This site is protected by reCAPTCHA and the Google. Oklahoma. When the new collective bargaining agreement was executed on March 8, 1983, Murrietta had been informed of the trust fund's decision to deny a waiver of the delinquent contributions. 1985). Schedule is subject to change. Id. In this section of the website you will find many useful documents and have access to online resources. | We affirm. DENIAL OF LEAVE TO IMPLEAD UNION AS THIRD-PARTY DEFENDANT. Participants Retirees Beneficiaries Local Unions Employers Report to Contributing Employers 186(c) (5). United States v. One 1977 Mercedes Benz, 708 F.2d 444, 452 (9th Cir. On July 2, 1986, the district court entered judgment in favor of Rozay's Transfer granting rescission of the collective bargaining agreement and awarding indemnification from Local 208 for contributions owing to the trust fund as a result of the union's fraudulent misconduct. This database contains PDF copies of each Michigan district's collective bargaining agreements for teachers, bus drivers, aides, office staff and other employees. Regular benefit processing continues to be performed, to the extent possible. The position of City Treasurer is established by City Charter. AVAILABILITY OF CONTRACT DEFENSES IN PENSION FUND COLLECTION ACTION. Rozay's Transfer contended that because such contributions were made during a period when no written agreement was in effect between it and Local 208, the trust fund had no right to accept the contributions under its own rules and under section 302(c) (5) of the LMRA, 29 U.S.C. 2. International Union of Operating Engineers Local No 501 Stationary. That appeal has now been consolidated with Rozay's Transfer's appeal from final judgment in favor of Southwest Administrators in the collection action, Our decision also comports with the decision in Waggoner v. Dallaire, 649 F.2d 1362 (9th Cir. | Plumbers And Steamfitters Defined Contribution And 401(k) Plan Of Texas. 1132(g) (2) (D); Lads Trucking Co. v. Board of Trustees of the Western Conference of Teamsters Pension Trust Fund, 777 F.2d 1371, 1373 (9th Cir. Pressroom In Bjorklund, the employer entered into the bargaining agreement upon the assumption that he would be making pension fund contributions only for himself and his one full-time employee, his son. more about organizing your workplace. If you prefer to meet by telephone or video conference, give us a call and we will schedule a time if we cannot offer immediate assistance. The Plan's Administrative Office is staffed by Southwest Service Administrators, a professional benefits management team dedicated to providing you unparalleled service. Section 306(a) provides: Every employer who is obligated to make contributions to a multiemployer plan under the terms of the plan or under the terms of a collectively bargained agreement shall, to the extent not inconsistent with law, make such contributions in accordance with the terms and conditions of such plan or such agreement.