Solis v. Frederick Zurn, et. al., involving judgment for the recovery of $18,437 to Erie Copy Products Inc. 401(k) profit sharing plan, Erie, Pa.

Date of Action: Jan. 20, 2012

Type of Action: Consent judgment and order

Name(s) of Defendant(s):  Frederick Zurn, president and plan trustee; Marian M. Zurn, vice president; Erie Copy Products, Inc., company and plan administrator; and Erie Copy Products Inc. 401(k) Profit Sharing Plan

Allegations: The Secretary alleges that Frederick Zurn, Marian Zurn, and Erie Copy Products Inc. failed to remit employee contributions to the plan, failed to remit employee contributions in a timely manner, and failed to segregate plan assets from general company assets from January 2006 through to December 2009.

Resolution: The court approved a consent judgment and order requiring the defendants to restore $18,437 in plan assets and interest to the employee 401(k) plan of Erie Copy Products Inc.  The court also ordered removal of the fiduciaries of the plan, enjoined the fiduciaries from further violations of Employee Retirement Income Security Act, and appointed an independent fiduciary for the plan.

Court: United States District Court for the Western District of Pennsylvania

Docket Number: 1:12-cv-00016-MBC

U.S. Department of Labor materials are accessible at www.dol.gov.  The information above is available in large print, Braille, audio tape or disc from the COAST office upon request by calling 202-693-7828 or TTY 202-693-7755.