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Release Date: 11/08/2001
Release
Number: 01-223
Contact Name: Rita Ford
Phone Number: 202.693.8671 |
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Atlanta, Georgia - The owners of
Hodges, King & Reudelhuber, D.D.S., P.A. have agreed to pay $92,979 in
contributions and interest for four employees who were improperly excluded from
participating in the professional association's profit sharing plan, according
to a settlement obtained on Tues., November 6, by the U.S. Department of
Labor. |
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The restitution will come from an offset of the
individual plan accounts of the defendants, Drs. Dan M. Hodges, Paul M. King
and David L. Reudelhuber, all of whom are trustees of the plan. |
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The professional association is a dental practice
that sponsored a pension plan until June 1997, when the pension plan was merged
with a profit sharing plan. As of December 2000, the profit sharing plan had 10
participants and $3,651,331 in assets. |
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A lawsuit simultaneously filed with the settlement
alleges that the defendants failed to allow two dental hygienists and two
former dental assistants to participate in both the pension and profit sharing
plans from 1993 to 1997. In September 1997, the defendants adopted a resolution
excluding any dental hygienist paid on a commission basis from participating in
the plan. |
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The lawsuit alleges that defendants violated the
Employee Retirement Income Security Act by excluding, from participating in the
plans, the four employees who met the eligibility requirement of 1000 hours of
service under the plans' governing documents, by failing to maintain sufficient
records of hours worked by employees potentially eligible to participate under
the plans' provisions, and by failing to act solely in the plan participants'
interests. |
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"The case exemplifies our commitment to protect
workers' hard-earned benefits," said Howard Marsh, Atlanta regional director
for the Labor Department's Pension and Welfare Benefits Administration.
"Workers can help us protect their benefits by contacting our office at
404.562.2156 if they have questions or suspect abuse of their pension, health or
other benefit plans." |
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The settlement resulted from an investigation by
the Atlanta Regional Office of the Pension and Welfare Benefits Administration.
The consent order was entered in federal district court in Atlanta. |
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(Chao v. Hodges et al
Civil Action No.
1-01-CV-2881) |
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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. |
