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Employee Benefits Security Administration

EBSA News Brief

For Immediate Release: August 3, 2012
Contact: Scott Allen or Rhonda Burke
Phone: 312-353-6876 or 312-353-6976
Email: allen.scott@dol.gov or burke.rhonda@dol.gov
Release Number: EBSA-12-17-CHI

Department of Labor files complaint against Dayton Imaging Solutions, Inc.,
to recover unremitted employee contributions to company’s IRA Plan

Date of Action:  Aug. 3, 2012

Type of Action: Complaint

Names of Defendant:Dayton Imaging Solutions, Inc., Bryan Belden, and the Dayton Imaging Solutions, Inc. SIMPLE IRA Plan located in Dayton, Ohio.

Allegations: Belden and Dayton Imagining Solutions, Inc., in their capacities as fiduciaries to the Dayton Imaging Solutions, Inc. SIMPLE IRA Plan, failed to ensure that $21,156.10 in employee pre-tax contributions for the period July 6, 2005, through Oct. 20, 2010, were remitted to the SIMPLE IRA Plan.  The fiduciaries also failed to ensure that $11,555.77 in employee pre-tax contributions were timely remitted to the SIMPLE IRA Plan for the period July 6, 2005, through Oct. 20, 2010. 

Resolution: The Department of Labor is seeking restoration of all Plan losses including interest, as well as a court order enjoining all future ERISA violations and barring Belden from acting as a fiduciary to any ERISA-covered plans.

Court: United States District Court for the Southern District of Ohio, Western Division.

Docket Number: 3:12-cv-00266-TSB

Employers and workers can reach EBSA toll-free at 866-444-3272 for help with problems related to private sector retirement and health plans.  Additional information can be found at www.dol.gov/ebsa.

U.S. Department of Labor news 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.