October 31, 2014

EBSA News Release: Trustees and owner of DirecTV installer ordered to restore more than $6.48M to pension plans [10/31/2014]

MERIDIAN, Miss. — Following a 19-day trial, a U.S. District Court judge has issued a judgment and order requiring fiduciaries to pay more than $6.48 million to the two employee stock ownership plans sponsored by Bruister and Associates Inc. The order stems from a lawsuit filed by the U.S. Department of Labor in U.S. District Court for the Southern District of Mississippi, Northern Division, alleging that the fiduciaries caused the plans to pay too much for BAI stock.

October 31, 2014

More than $66,000 to be restored to AAR Inc. 401(k) Plan in Newark, California, under consent judgment obtained by US Labor Department

Date of Action:  Oct. 28, 2014

Type of Action: Consent Judgment and Order

Names of Defendants: All American Rentals Inc., Michael Carter, and the AAR Inc. 401(k) Plan

October 31, 2014

US Labor Department sues metal and wood fabrication company in Reading, Pennsylvania, to restore employee contributions to retirement plan

Date of Action: Oct. 29, 2014

Name(s) of Defendant: David Braunsberg, Quality Control Pattern & Model Inc. and Quality Control Pattern & Model Inc. SIMPLE IRA

Allegations: Based on an investigation conducted by the U.S. Department of Labor’s Employee Benefits Security Administration, the Secretary of Labor filed a complaint alleging the following:

October 29, 2014

U.S. Department of Labor sues Spartan Roofing Company Inc. to distribute more than $397,300 of profit sharing plan assets following investigation

Date of Action: Oct. 23, 2014

Type of Action: Complaint Filed

Name of Defendant: Spartan Roofing Company Inc. and the Spartan Roofing Company Inc. Profit Sharing Plan in Lansing, Michigan

Allegations: Spartan Roofing Company Inc. failed to formally terminate the Spartan Roofing Company Inc. Profit Sharing Plan and process distributions to employees who were entitled to their retirement benefits in the Plan, in violation of the Employee Retirement Income Security Act of 1974. As of June 27, 2014, the Plan had 13 participants and assets totaling $397,369.23.

October 22, 2014

EBSA News Release: ERISA Advisory Council to hold public meeting Nov. 3-4 [10/22/2014]

WASHINGTON — The U.S. Department of Labor's Advisory Council on Employee Welfare and Pension Benefit Plans, also known as the ERISA Advisory Council, will meet Monday, Nov. 3, and Tuesday, Nov. 4. The two-day meeting will take place at the U.S. Department of Labor, 200 Constitution Ave. NW, Washington, DC 20210. On Nov. 3, the meeting will take place in C-5320, Room 6, from 1 p.m. to 5 p.m. EST. On Nov. 4, the meeting will take place from 8:30 a.m. to approximately 4 p.m.

October 21, 2014

Judge orders fiduciary to restore $53,287 to Industrial Surfacing Corp. 401(k) Plan in Urbana, Illinois

Date of Action: October 10, 2014

Type of Action: Default Judgment

Name of Defendant: Rodger D. Ferguson, Industrial Surfacing Corp., Industrial Surfacing Corp 401(k) Plan

October 8, 2014

US Department of Labor files suit to restore losses to employee benefit plan of Raydar Inc. in Odon, Indiana

Date of Action: October 8, 2014

Type of Action: Complaint

Name of Defendant: Raydar Inc., formerly known as Raydar & Associates Inc., Raydar & Associates Inc. Safe Harbor 401(k) Plan

October 7, 2014

US Labor Department files suit to restore losses to South Portland, Maine, retirement plan

Date of Action: October 6, 2014

Type of Action: Complaint

Name of Defendant: H.C. Watson Corp., doing business as Interim HealthCare, James C. Watson and Melissa Moore

October 6, 2014

US Labor Department files suit to restore losses and appoint an independent fiduciary for an abandoned Holden, Mass., Simple IRA Plan

Date of Action: October 1, 2014

Type of Action: Complaint

Name of Defendant: Holden Sand & Gravel, Joseph Montalto, fiduciary for the Holden Sand and Gravel SIMPLE IRA Plan

October 6, 2014

US Labor Department sues Dallas area freight transportation services to recover $62,000 in missing retirement contributions

DALLAS – The U.S. Department of Labor has sued Eclipse Freight Systems Inc. and its owner Christopher L. McDougal in an effort to recover about $62,000 in employee retirement contributions. The department's lawsuit, filed in U.S. Northern District Court of Texas, Fort Worth Division, alleges that Mr. McDougal and his company violated the Employee Retirement Income Security Act of 1974 by using assets belonging to the employee retirement plan for the benefit of his business operations.

October 6, 2014

EBSA News Release: US Labor Department sues Dallas area freight transportation services to recover $62,000 in missing retirement contributions [10/06/2014]

WASHINGTON — The U.S. Department of Labor has sued Eclipse Freight Systems Inc. and its owner Christopher L. McDougal in an effort to recover about $62,000 in employee retirement contributions. The department's lawsuit, filed in U.S. Northern District Court of Texas, Fort Worth Division, alleges that Mr. McDougal and his company violated the Employee Retirement Income Security Act of 1974 by using assets belonging to the employee retirement plan for the benefit of his business operations.

October 1, 2014

EBSA News Release: Obama administration announces adjustments to excepted benefits regulations [10/01/2014]

WASHINGTON — The U.S. Departments of Labor, Health and Human Services, and Treasury today published a final rule that adjusts regulations originally issued under the Health Insurance Portability and Accountability Act of 1996 regarding dental and vision benefits. The new rule also expands the definition of excepted benefits to include employee assistance programs.

September 29, 2014

Rule for e-filing "top hat" plan statements proposed by US Labor Department

WASHINGTON – The U.S. Department of Labor's Employee Benefits Security Administration today announced a proposed regulation that would require electronic filing of "top hat" plan statements, and apprenticeship and training plan notices.

September 25, 2014

Judge orders fiduciary to restore $275K to Nohl Crest Homes Corp. Employee Stock Ownership Plan in Oldsmar, Florida

Date of Action:  Sept. 22, 2014

Type of Action: Consent Judgment

Name(s) of Defendant(s): Nohl Crest Homes Corp., Kenneth R. Emery, Peter G. Tibma, and Nohl Crest Homes Corp. Employee Stock Ownership Plan and Jose Fernandez, Third Party Defendant

September 24, 2014

US Labor Department files suit to recover more than $30,000 in employee contributions to benefit plans of defunct Hanco Inc. in Peru, Indiana

Date of Action: Sept. 22, 2014

Type of Action: Complaint, U.S. District Court for the Northern District of Indiana

Names of Defendant: Hanco Inc., doing business as Classico Seating, Harry T. Richardson Jr., the Hanco Inc. 401(k) Plan, the Hanco Inc. Health Plan and the Hanco Inc. Dental Plan

September 22, 2014

Perez v. Laura M. Prioli and Stephen C. Main involving the failure to remit employee contributions to the 401(k) Plan of Gulf Shores Marina in Florida

Date of Action: Sept. 16, 2014

Type of Action: Complaint

Name(s) of Defendant(s):  Gulf Shores Marina LLC, Laura M. Prioli, Stephen C. Main, and the GSM/RYS 401(k) Plan 

September 18, 2014

EBSA News Brief: US Labor Department secures judgment ordering fiduciaries of Connecticut, SIMPLE IRA plan to restore nearly $21k in withheld contributions [09/18/2014]

Date of Action: Sept. 9, 2015

Type of Action: Consent Judgment and Order

Defendants: American Materials Corp. and Donald J. Bercowetz

September 12, 2014

US Labor Department lawsuit seeks removal of plan fiduciary and appointment of independent fiduciary to distribute 401(k) plan assets of defunct Lansdale, Pa., company

Date of Action: Sept. 11, 2014

Type of Action: Complaint

Name(s) of Defendants: Polar Dry Ice Inc. and Polar Dry Ice Inc. 401(k) plan

Allegations: Based on an investigation conducted by the U.S. Department of Labor’s Employee Benefits Security Administration, the Secretary of Labor filed a complaint alleging the following:

September 12, 2014

US Department of Labor obtains consent judgment requiring former owners of defunct Bigler, Pa., trucking company to restore assets to 401(k) plan

Date of Action: Sept. 10, 2014

Type of Action: Consent order and judgment

Name(s) of Defendant(s): David Kephart, Timothy Kephart, Kephart Trucking Co., and the Kephart Trucking Co. 401(k) plan

Allegations: Based on an investigation conducted by the U.S. Department of Labor’s Employee Benefits Security Administration, the Secretary of Labor filed a complaint alleging the following:

September 8, 2014

EBSA News Release: ERISA Advisory Council to hold open meeting Monday, Sept. 29 [09/08/2014]

WASHINGTON — An open meeting of the Advisory Council on Employee Welfare and Pension Benefit Plans, also known as the ERISA Advisory Council, will take place Monday, Sept. 29, from 10 a.m. to 5 p.m. EDT. The council will discuss reports and recommendations on the issues of pharmacy benefit manager compensation and fee disclosure, outsourcing employee benefit plan services and facilitating lifetime plan participation.