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Employee Benefits Security Administration

EBSA News Brief

Office of Public Affairs Boston MA
For Immediate Release: June 18, 2013
Contact: Ted Fitzgerald or Andre J. Bowser
Phone: 617-565-2075 or 617-565-2074
E-mail: or
Release Number: BOS-2013-091

Harris v. People of Color in Crisis 403(B) Retirement Plan in Brooklyn, N.Y.
Suit seeks appointment of independent fiduciary to administer plan, distribute assets

Date of Action: June 14, 2013

Type of Action: Complaint

Name(s) of Defendant: People of Color in Crisis 403(B) Retirement Plan

Allegations: The plan was established on or about Nov. 1, 2002 by People of Color in Crisis Inc. The company ceased operations in December 2008.  From at least 2008, no individual or entity has come forward to assume fiduciary responsibility for the plan or to distribute its assets to the plan’s five participants. There is no fiduciary actively functioning on behalf of the plan. As a result, the plan’s remaining five participants cannot access the plan’s $39,133.41 in assets.

Resolution: The Department is asking the court to appoint an independent trustee and fiduciary to administer the plan and to distribute its assets to the plan participants and beneficiaries.

Court: U.S. District Court for the Eastern District of New York

Docket Number: 1:13-cv-03427-RRM-JMA

U.S. Department of Labor materials are accessible at  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.