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Release Date: 05/08/2001
Release Number: 136
Contact Name: Gloria Della
Phone Number: 202.219.8921
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New York, New York - The U. S. Department of
Labor sued Conolly, Calhoun & Conolly, Inc. of Pennsauken, New Jersey
and its chief executive officer on May 4, 2001 for failure to forward
employee contributions to the company’s cafeteria health plan. The firm
sponsored and served as plan administrator of the plan until May 1998. |
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According to the lawsuit, defendants Vincent Acerbo and
Conolly, Calhoun & Conolly violated the Employee Retirement Income
Security Act (ERISA) by failing to remit contributions deducted from
employee paychecks to the cafeteria plan. The cafeteria plan provided
health benefits or cash equivalents to employees of the company. |
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As relief, the lawsuit asks the court to require that
Acerbo and the firm restore to the plan all losses with interest or lost
opportunity costs and to permanently bar Acerbo from serving in a position
of trust to any plan governed by ERISA. |
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The lawsuit was filed in federal district court in
Camden, New Jersey. The court action resulted from an investigation
conducted by the Philadelphia Regional Office of the Department’s
Pension and Welfare Benefits Administration into alleged violations of
ERISA. A second action is also pending in the federal district court
concerning the defendants' failure to forward employee contributions to
the company's 401(k) plan. |
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“This action reaffirms our commitment to protect the
hard-earned benefits promised by employers,” said Mabel Capolongo,
Director of PWBA’s Philadelphia Regional Office. “Employers and
workers can reach us at 215.861.5300 for help with any problems relating
to private-sector pension and health plans.” |
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(Chao v. Acerbo
Civil Action No. 01-CV2139) |
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U.S. Department of Labor
news releases are accessible on the Internet. The information in this news
release will be made available in alternate format upon request (large
print, Braille, audio tape or disc) from the Central Office for Assistive
Services and Technology. Please specify which news release when placing
your request. Call 202.693.7773 or TTY 202.693.7775. |
