EBSA News Brief
U.S. Department of Labor
For Immediate Release: March 25, 2013
Harris v. Anderson-McGriff Co. involving abandoned plan in Atlanta
Date of Action: March 11, 2013
Type of Action: Complaint
Name(s) of Defendant(s): Anderson-McGriff Company, Anne Reagan Head as executrix of the estate of John F. Head, III, Jacqueline Crisci as executrix of the estate of John F. Head, III, Lauren Head as executrix of the estate of John F. Head, III, and Anderson-McGriff Company profit-sharing and 401(k) plan.
Allegations: The company ceased operations around 1999. When the company ceased operations, neither the company nor John F. Head, III, a trustee of the plan, took steps to administer the plan or to ensure that the funds in the plan were appropriately distributed to terminated participants. Since the company ceased operations, the company and Head failed to administer the plan and have effectively abandoned it, as a result of which participants are unable to receive information about their funds and are unable to gain access to their funds. Head died on Oct. 9, 2008.
Resolution: The Department of Labor is seeking to appoint an independent fiduciary at defendant’s expense to arrange for termination of the plan and distribution of its assets, to award plaintiff the costs of this action, and to provide such other relief as may be just and equitable.
Court: United States District Court for the Northern District of Georgia, Atlanta Division.
Docket Number: 1:13-cv-00722-RLV
U.S. Department of Labor 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.