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News Brief
Harris v. Sunrise Enterprises 401(k) profit sharing plan
Date of Action: March 8, 2013
Type of Action: Complaint
Name of Defendant: Sunrise Enterprises 401(k) Profit Sharing Plan
Allegations: Sunrise Enterprises 401(k) Profit Sharing Plan, based in Scotia, N.Y., is a defined contribution employee benefit plan established in 2003. The plan was sponsored by Near-Rychcik, Inc., which ceased operations in 2004 and was dissolved in 2012. The plan’s trustees, Mitchell Near and Kurt Rychcik, stopped performing their fiduciary duties without ensuring the appointment of a new fiduciary to oversee the distribution of $61,777.99 in assets. As a result, twelve participants cannot access their pension benefits.
Resolution: The Labor Department is seeking the appointment of an independent fiduciary to administer the plan and distribute its assets to participants and beneficiaries.
Court: United States District Court for the Northern District of New York
Docket Number: 1:13-cv-00262-FJS-RFT.
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