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Release Date: 12/22/2003
Release Number: 03-949-DAL
Contact Name: Sharon Morrissey
Phone Number: 202.693.8664
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Dallas, Texas - The U.S. Department of Labor
sued several fiduciaries to the retirement plans and a health plan of
client employers of Seirios Staff Services, Inc., a defunct professional
employee organization (PEO) that operated out of Addison, Texas. The
fiduciaries allegedly failed to forward employee and matching employer
contributions to the retirement plans and to forward premiums to the
health plan. |
Named
in the suit, filed in federal district court in Dallas, are Jimmy Ray
Clark, George E. Metcalf and Donald C. Dalbosco. The defendants also are
former officers of the company. |
The
suit alleges that the defendants failed to remit participating employer
matching contributions for 1999, 2000 and three months of 2002 to the
retirement plans; to obtain a bond as required by law; to forward employee
contributions to the retirement plans in 2000 and health insurance
premiums from October to December 2001 in a timely manner; and to monitor
plan fiduciaries appointed or serving as plan fiduciaries. |
“This
Administration will not tolerate abuses by plan fiduciaries and is
aggressively seeking to restore the assets owed to the plans for the
affected employers and employees,” said Ann L. Combs, assistant
secretary of the Employee Benefits Security Administration (EBSA), which
enforces the Employee Retirement Income Security Act (ERISA). |
Before
ceasing operations in April 2002, Seirios provided payroll and human
resource services to 20 client employers in Texas, Arkansas, Oklahoma,
Washington and Oregon. Seirios created and administered the health plan, a
multiple employer welfare arrangement (MEWA), for client employers. EBSA’s
Dallas regional office investigated the case. |
The
suit seeks to remove the defendants from positions with the plans,
permanently bar them from serving other ERISA-covered plans in the future,
appoint one or more independent fiduciaries to manage the plans and obtain
an accounting and restoration all money owed to the plans. |
Employers
and workers can contact the Dallas regional office at 214.767.6831 or EBSA’s
toll free number, 1.866.444.EBSA (3272), for help with problems relating
to private-sector pension and health plans. |
(Chao
v. Jimmy Ray Clark)
Civil Action No. 3-03CV-2864H |
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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 202.693.7755. |
