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EBSA News Brief

U.S. Department of Labor
Office of Public Affairs
Chicago, Ill.
Release Number: EBSA-CHI-11-22
Consent Order: 2:11-cv-00438-CNC

For Immediate Release: October 13, 2011
Contact: Scott Allen or Rhonda Burke
Phone: 312-353-6976/312-353-4807
E-mail: allen.scott@dol.gov/burke.rhonda@dol.gov

Judge orders James and Carrie Jendusa to restore more than $13,000 to
Jendusa Engineering Associates, Inc. 401(k) Plan in Hartland, Wis.

Date of Action:  Oct. 7, 2011

Type of Action:  Consent order and judgment

Names of Defendant: James and Carrie Jendusa, individually and as a fiduciaries to the Jendusa Engineering Associates Inc. 401(k) Plan

Allegations: The Jendusas, in their capacity as fiduciaries to the Jendusa Engineering Associates, Inc. 401(k) Plan, failed to ensure that $10,441.53 in participant contributions for the period of Jan. 1, 2007, through Feb. 15, 2008, were forwarded to the plan.

Resolution: The court ordered the Jendusas to repay the participant contributions to those plan participants, who were employees of Jendusa Engineering Associates, Inc. and had voluntary participant contributions withheld from their pay for contribution to the plan from Jan. 1, 2007 through Feb. 15, 2008. The Jendusas must also pay $2,671.03 in lost opportunity cost to the collective participants on a pro rata basis. An independent fiduciary has been appointed to administer and terminate the plan.

Court:  Eastern District of Wisconsin, Milwaukee, Wis.

Docket Number: Solis v. Jendusa Engineering Associates, Inc., James Jendusa, and Carrie Jendusa,
11-cv-00438

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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.