January 12, 2015

US Department of Labor files suit seeking removal of trustees and appointment of independent fiduciary for employee benefit plan in Minnesota

Date of Action: Jan. 12, 2015

Type of Action: Complaint

Name of Defendant: Kenneth W. Wright, E. Paul Willingham, and SchoolStart Company 401(k) P/S Plan

Allegations: An investigation by the U.S. Department of Labor’s Employee Benefits Security Administration, Kansas City Regional Office, resulted in the department filing a suit in federal court alleging violations of the Employee Retirement Income Security Act.

January 9, 2015

US Labor Department files suit to restore more than $500,000 to Maryland retirement plan

Date of Action: Jan.7, 2015

Type of Action: Complaint

Name(s) of Defendant(s): Nathan Williams, NW Systems Inc., and NW Systems Inc. 401(k) Profit-Sharing Plan and Trust

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:

January 8, 2015

U.S. Department of Labor files complaint to restore more than $23K in losses to Bonner & Borhart SIMPLE IRA Plan in Melrose, Minn.

Date of Action: Jan. 8, 2015

Type of Action: Complaint

Names of Defendant: John Bonner, Bonner & Borhart LLP, Bonner & Borhart LLP SIMPLE IRA Plan

Allegations: From Jan. 15, 2009, to present, John Bonner was the managing partner and sole owner of Bonner & Borhart in Melrose, Minnesota. Bonner & Borhart was the plan administrator for the Bonner & Borhart LLP SIMPLE IRA Plan.

January 7, 2015

US Department of Labor files suit to appoint an independent fiduciary for abandoned employee benefit plan in Georgia

Date of Action: Dec. 17, 2014

Type of Action: Complaint

Name(s) of Defendant(s): Bryan M. Johns and Rainwire Partners Inc. 401(k) Plan

January 7, 2015

US Labor Department files suit to restore losses to The Children’s Place Inc. Welfare Benefit Plan in Bradenton, Florida

Date of Action: Dec. 31, 2014

Type of Action: Complaint

Names of Defendants: The Children’s Place Inc., The Children’s Place Inc. Welfare Benefit Plan and Hendrik Johannes Lamprecht based in Bradenton, Florida.

January 7, 2015

U.S. Department of Labor obtains consent judgment restoring more than $12K to employee benefit plans of Omaha, Nebraska, construction company

Date of Action: Jan. 6, 2015

Type of Action: Consent judgment

Name of Defendant: David E. Doll

Allegations: Based on an investigation conducted by the U.S. Department of Labor’s Employee Benefit Security Administration, the Secretary of Labor filed a complaint on Dec. 30, 2013 alleging:

January 5, 2015

US Labor Department files suit seeking removal of trustee and appointment of independent fiduciary for abandoned New York City 401(k) plan

Date of Action: Dec. 23, 2014

Type of Action: Complaint

Names of Defendants: Mattie Kon and Blitz Systems Inc. 401(k) Plan.

An investigation by the U.S. Department of Labor’s Employee Benefits Security Administration resulted in the department filing a suit in federal court alleging violations of the Employee Retirement Income Security Act:

January 5, 2015

US Department of Labor obtains order requiring fiduciary to restore $80K to Cargill Heating & Air Conditioning Co., Inc. Savings Plan in La Crosse, Wis.

Date of Action: Jan. 5, 2015

Type of Action: Consent Order and Judgment

Names of Defendants: Cargill Heating & Air Conditioning Co., Inc., Michael Earl Galstad, and Cargill Heating & Air Conditioning Co., Inc. Savings Plan in La Crosse, Wis.

Allegations: The U.S. Department of Labor filed a lawsuit on March 25, 2014, in the U.S. District Court for the Western District of Wisconsin, alleging violations of the Employee Retirement Income Security Act by the defendants.

December 24, 2014

US Labor Department files complaint seeking restoration of pension funds to the Bar-K 401(k) Plan in Lafayette, California

Date of Action:  December 19, 2014

Type of Action: Complaint

Names of Defendants: Bar-K Inc.; Walter Ng; Bruce Horwitz; and Bar-K 401(k) Plan

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

December 24, 2014

US Labor Department files complaint seeking restoration of pension funds to the Bar-K 401(k) Plan in Lafayette, California

Date of Action:  December 19, 2014

Type of Action: Complaint

Names of Defendants: Bar-K Inc.; Walter Ng; Bruce Horwitz; and Bar-K 401(k) Plan

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

December 19, 2014

EBSA News Release: Obama administration publishes proposed rule on excepted benefits [12/19/2014]

WASHINGTON — The U.S. Departments of Labor, Health and Human Services, and Treasury are seeking public comment on proposed rules that would amend the definition of excepted benefits to include certain limited wraparound coverage.

December 15, 2014

EBSA News Release: Appointees to ERISA Advisory Council announced by US Department of Labor [12/15/2014]

WASHINGTON — U.S. Secretary of Labor Thomas E. Perez today announced the appointment of five new members to the 2015 Advisory Council on Employee Welfare and Pension Benefit Plans — also known as the ERISA Advisory Council. He also announced the incoming chair and vice chair of the council.

December 15, 2014

Advance copies of 2014 Form 5500 and 5500-SF, final copy of 2014 Form M-1 released by US Labor Department

WASHINGTON – The U.S. Department of Labor's Employee Benefits Security Administration, the Internal Revenue Service, and the Pension Benefit Guaranty Corporation today released advance informational copies of the 2014 Form 5500 annual return/report and related instructions.

December 8, 2014

EBSA News Release: Fiduciaries of national multi-employer benefit plan based in Cherry Hill, N.J., ordered to pay $4.7 million in assets and interest [12/08/2014]

CHERRY HILL, N.J. — A federal judge has found the fiduciaries of a defunct national multi-employer benefit plan based in Cherry Hill, are liable for approximately $4.7 million in assets that were improperly diverted. James Doyle and Cynthia Holloway, fiduciaries to the Professional Industrial Trade Workers Union Health and Welfare Fund, must make restitution to the plan, with interest, for violating the Employee Retirement Income Security Act.

December 1, 2014

U.S. Department of Labor files complaint to remove fiduciaries of Rose Business Forms Company’s employee benefit plans

Date of Action: Nov. 25, 2014

Type of Action: Complaint

Names of Defendant: William Robin Rose and Rose Business Forms Company d/b/a Rose Printing Services, Inc., as fiduciaries to the Rose Printing Services Inc. Employees 401(k) Retirement Savings Plan, Rose Printing Services Inc. Employees Health Plan and Rose Printing Services Inc. Employees Dental Plan in Fowlerville, Michigan

November 20, 2014

US Labor Department obtains consent judgment restoring more than $475,000 to 401(k) plan of Wilmington, Delaware, construction company

Date of Action: Nov. 19, 2014

Type of Action: Consent Judgment

Name(s) of Defendant(s): Frank Robino Companies LLC, Michael Stortini, Paul Robino and Barbara Becker-Graham

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 on May 29, 2014, alleging:

November 14, 2014

US Department of Labor announces public hearing on Credit Suisse

WASHINGTON — The U.S. Department of Labor will hold a public hearing in January on whether, and under what conditions, affiliates of Credit Suisse should be permitted to serve as Qualified Professional Asset Managers after Credit Suisse's guilty plea to one count of conspiracy to engage in tax fraud in violation of section 7206(2) of the Internal Revenue Code.

November 7, 2014

Interim final rule making Form 5500 changes required by the CSEC Act published by US Labor Department

WASHINGTON – The U.S. Department of Labor's Employee Benefits Security Administration today published in the Federal Register an interim final rule to implement Form 5500 annual reporting changes for multiple employer plans required by the Cooperative and Small Employer Charity Pension Flexibility Act, enacted on April 7.

November 6, 2014

US Labor Department achieves restoration of nearly $2M in health benefits for welfare benefit plan clients of Cox Enterprises Inc.

WASHINGTON – The U.S. Department of Labor has secured a nearly $2 million correction by Cox Enterprises Inc. after the Atlanta, Georgia-based company violated the Employee Retirement Income Security Act. Cox placed annual limits on the dollar amount of benefits that participants and beneficiaries of adult preventive care could claim in plan years 2011, 2012 and 2013. The law prohibits companies from placing annual limits on health benefits.