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Release Date: January 11, 2007
Release Number: 07-53-CHI
Contact Name: Brad Mitchell
Phone Number: 312.353.6976
Decatur, Illinois - The U.S. Department of
Labor has obtained an amended consent judgment and order requiring a
Decatur, Illinois fiduciary of the Jan-San Supply Company 401(k) Plan to
restore $47,293 to the plan as restitution for failure to forward
contributions withheld from employees’ paychecks.
Under the order, James Lambert must restore losses to
the plan, including lost interest, and is permanently barred from
serving as a fiduciary or service provider to any employee benefit plan
subject to the Employee Retirement Income Security Act (ERISA). The
order also appoints an independent fiduciary to ensure payments are
forwarded to the plan and to ultimately distribute those assets to
participants and beneficiaries and terminate the plan. Jan-San Company
was doing business as a cleaning service and supply company.
“The department is committed to doing everything we
can to ensure that plan participants receive the money owed to them,”
said Steven Eischen, director of the Kansas City regional office of the
Employee Benefits Security Administration (EBSA), which investigated the
case.
Employers and workers can reach EBSA’s Kansas City
regional office at 816.426.5131. Help with problems relating to
private-sector retirement and health plans can also be obtained by
calling EBSA’s toll-free number, 1.866.444.EBSA (3272). In fiscal year
2005, EBSA achieved monetary results of $1.7 billion related to pension,
401(k), health and other benefits for millions of American workers and
their families.
(Chao v. James Lambert)
Civil Action No. 99-2093
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in alternate format upon request (large print, Braille, audio tape or
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placing your request at 202.693.7765 or TTY 202.693.7755. The U.S.
Department of Labor is committed to providing America's employers and
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with its laws and regulations. For more information, please visit the
Department's Compliance
Assistance page.
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