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.

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.