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News Brief

US Department of Labor files suit against Home Valu Inc. and fiduciaries of Employee Health Plans

Date of Action: Dec. 18, 2013

Type of Action: Complaint

Names of Defendants: Gerald Boschwitz, and Thomas Boschwitz, individually and as fiduciaries of the Home Valu Interiors Employee Benefit Plan (Health Plan), Home Valu Interiors Self-Insured Voluntary Dental Plan (Dental Plan), Home Valu, Inc. Group Insurance Plan (Life Insurance Plan), and Home Valu Flexible Reimbursement Plan (Flex Plan)

Allegations: As fiduciaries of the Plan, employee contributions were withheld from payroll and COBRA payments made to Home Valu from Jan. 14, 2010, through Jan. 29, 2010, totaling $42,763.18 were not used to fund the health plan, dental plan, life insurance plan, and flex plan benefits.  Unpaid health plan, dental plan, and flex plan benefit claims totaled $494,754.61, $5,437.12, and $23,302.56, respectively.

Court: United States District Court for the District of Minnesota

Docket Number: 0:13-cv-03572

The Complaint seeks restoration of all losses to the plans, the removal of Home Valu, G. Boschwitz, and T. Boschwitz as fiduciaries of the plans, and the appointment of an independent fiduciary to administer the plans.  Employers and workers can reach EBSA toll-free at 866-444-3272 for help with problems related to private sector retirement and health plans.  Additional information can be found at

U.S. Department of Labor materials are accessible at  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.

Employee Benefits Security Administration
December 19, 2013
Release Number