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News Release

U.S. Department of Labor obtains consent judgment with president of defunct western Pennsylvania company to restore assets to 401(k) plan

Pittsburgh – The U.S. Department of Labor's Employee Benefits Security Administration (EBSA) has obtained a consent agreement with Patrick P. Bane, president of defunct Comtel Communications Inc., requiring him to restore employee contributions owed to the company's 401(k) plan.

The consent order, issued by the U.S. District Court for the Western District of Pennsylvania, requires the defendant to restore $13,651.18 to the 401(k) plan and removes him as trustee of the plan.

"Plan fiduciaries have a fundamental oversight responsibility and they cannot evade that function," said Mabel Capolongo, director of EBSA's Philadelphia Regional Office.

Comtel Communications Inc. sold cellular phones, paging equipment and related services throughout western Pennsylvania until it ceased operations in May 2008.

Employers and workers can reach EBSA's Philadelphia office at 215-861-5300 or toll-free at 866-444-3732 for help relating to private sector retirement and health plans.

In fiscal year 2009, EBSA achieved monetary results of $1.3 billion related to pension, 401(k), health and other benefits for millions of American workers and their families. Information on EBSA is available from the agency's Web site at www.dol.gov/ebsa.

Solis v. Bane
Civil Action Number 2:09-cv-01121-RCM

U.S. Department of Labor news releases are accessible on the Department's Newsroom page. The information in this news release will be made available in alternate format (large print, Braille, audio tape or disc) from the COAST office upon request. Please specify which news release when placing your request at 202.693.7828 or TTY 202.693.7755. The Labor Department is committed to providing America's employers and employees with easy access to understandable information on how to comply with its laws and regulations. For more information, please visit the Department's Compliance Assistance page.

Agency
Employee Benefits Security Administration
Date
December 17, 2009
Release Number
09-1431-PHI (ebsa 09-263)