January 22, 2013

Solis v. Tripp Mechanical Services involving failure to remit employee contributions to the company's retirement plan in Falkland, NC

Date of Action: Jan. 17, 2013

Type of Action: Complaint

Name(s) of Defendant(s): Tripp Mechanical Services, Jarvis Edward Tripp, Jr., and Gina Tripp

January 16, 2013

Savannah, Ga., lawyer and firm ordered to restore losses and interest to employee retirement plans following US Labor Department investigation

SAVANNAH, Ga. – A judge has ordered former Savannah attorney Benjamin S. Eichholz and the Eichholz Law Firm P.C. to restore losses and interest to the firm’s retirement and pension plans. The order resolves a lawsuit filed by the U.S. Department of Labor, which was based on an investigation by the department’s Employee Benefits Security Administration. EBSA found that Eichholz and his former law firm breached their fiduciary responsibilities in violation of the Employee Retirement Income Security Act and caused losses to the plans in excess of $1 million.

January 14, 2013

US Labor Department obtains consent judgment restoring more than $77,000 to 401(k) plan of Cardservice of Virginia Inc. in Virginia Beach, Va.

Date of Action: Jan. 9, 2013

Type of Action: Consent judgment

Name(s) of Defendant(s): Richard Yanek, president, sole owner and trustee of the 401(k) plan, and Cardservice of Virginia Inc.

January 8, 2013

Solis v. The Hartford Construction Group, LLC involving default judgment against Cumming, Ga., company

Date of Action: Dec. 28, 2012

Type of Action: Complaint

Name(s) of Defendant(s): The Hartford Construction Group, LLC and Travis M. Donnelly

January 7, 2013

Source HR agrees to restore more than $24,000 to welfare benefit plans in Clarkston, Mich.

Date of Action: Jan. 4, 2013

Type of Action: Consent order and judgment

Names of Defendants: Source HR, LLC and Austin R. Ritter

December 20, 2012

Solis v. Progressive Machine Co. Inc. 401(k) plan

Date of Action: Nov. 29, 2012

Type of Action: Complaint

Name of Defendant: Progressive Machine Co. Inc. 401(k) plan

December 20, 2012

US Labor Department files suit against Rockville, Md., manufacturer to restore assets to company’s employee benefit plans

ROCKVILLE, Md. — The U.S. Department of Labor has sued Sun Control Systems Inc., the estate of former company president John Buckingham Sr., and current president Thomas Buckingham, to restore assets to the company’s three employee benefit plans. This follows an Employee Benefits Security Administration investigation that revealed alleged violations of the Employee Retirement Income Security Act.

December 19, 2012

Court orders fiduciaries to restore more than $69,000 in retirement funds, health care premiums for employees of JJD Industries in Schiller Park, Ill.

CHICAGO – A federal court in Chicago has ordered John Dombek III and John Dombek Jr. to restore a total of $69,521.31 in health care premiums and retirement plan contributions withheld from the paychecks of employees at several companies that are part of the JJD Industries Group in Schiller Park, Ill. The judgment resolves a lawsuit filed by the U.S. Labor Department based on the findings of an investigation by the department’s Employee Benefits Security Administration.

December 17, 2012

Secretary of Labor Hilda L. Solis announces new appointments, leadership for 2013 ERISA Advisory Council

WASHINGTON – Secretary of Labor Hilda L. Solis today announced the appointments of five new members to the 2013 Advisory Council on Employee Welfare and Pension Benefit Plans – known as the ERISA Advisory Council. She also announced the incoming chair and vice chair of the council.

December 14, 2012

US LABOR DEPARTMENT SUES FAIRFAX, VA.-BASED GOVERNMENT CONTRACTOR TO RESTORE WORKER CONTRIBUTIONS TO 401(K) PLAN

FAIRFAX, Va. – The U.S. Department of Labor has filed a lawsuit against Innovative Logistics Techniques Inc.

December 14, 2012

US Labor Department sues Fairfax, Va.-based government contractor to restore worker contributions to 401(k) plan

FAIRFAX, Va. – The U.S. Department of Labor has filed a lawsuit against Innovative Logistics Techniques Inc. for violating the Employee Retirement Income Security Act by failing to remit worker contributions and participant loan repayments to the company’s 401(k) plan.

December 11, 2012

US Department of Labor proposes rule to help retirees, workers of bankrupt companies get retirement money sooner

WASHINGTON — The U.S Department of Labor's Employee Benefits Security Administration today announced a proposed rule and related class exemption that will make it easier for Chapter 7 bankruptcy trustees to distribute assets from bankrupt companies' retirement plans. The proposal would allow such trustees to use EBSA's existing Abandoned Plan Program to terminate, wind up and distribute benefits from such plans.

December 7, 2012

US Labor Department sues to recover losses to employee stock ownership plan of Rembar Inc.

NEW YORK — The U.S. Department of Labor has filed a lawsuit to recover losses suffered by participants in the Rembar Inc. Employee Stock Ownership Plan after the plan allegedly was allowed to purchase overvalued company stock. The suit names as defendants Rembar owner and CEO Frank Firor and First Bankers Trust Services Inc., which was hired as an independent fiduciary and trustee in connection with the company's newly formed plan. The plan is also a defendant.

December 5, 2012

US Labor Department recovers more than $140,000 for Wisconsin-based B & K Builders' employee benefit plans

Marshfield, Wisconsin – The U.S. Department of Labor has recovered more than $140,000 for two employee benefit plans sponsored by B & K Builders Inc. of Marshfield. Pursuant to today's entry of a consent order and judgment by the court, the department has recovered $117,430.85 from the company and one of its co-owners, Kenneth Staab, to restore losses to the company's prevailing wage plan. This is in addition to more than $22,000 restored to the company's 401(k) profit-sharing plan in March.

December 4, 2012

US Labor Department releases advance copies of 2012 Form 5500 annual report

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 2012 Form 5500 annual return/report and related instructions. These advance copies of the 2012 Form 5500 are for informational purposes only and cannot be used to file a 2012 Form 5500 annual return/report.

December 3, 2012

Department of Labor files suit to recover $12,000 for the First Profit Sharing Plan and Trust of Sunset Heating and Cooling in Walled Lake, Mich.

Date of Action: Nov. 30, 2012

Type of Action: Complaint

Names of Defendant: Brian Kirshner, Bennett W. Sipes, First Profit Sharing Plan and Trust of Sunset Heating and Cooling, Inc.

November 29, 2012

US Labor Department sues to recover losses to employee stock ownership plan of Maran Inc.

NEW YORK ‒ The U.S. Department of Labor has filed a lawsuit to recover losses suffered by participants in the Maran Inc. Employee Stock Ownership Plan after the plan was allowed to purchase overvalued company stock. The suit names as a defendant First Bankers Trust Services Inc., which was hired as an independent fiduciary and trustee in connection with the company’s ESOP to determine whether, and at what price, to purchase shares of Maran Inc. from majority shareholders. The ESOP is also a defendant.

November 28, 2012

Solis v. John J. Koresko, V, et al., involving consent judgment against Farmers & Merchants Trust Co. of Chambersburg

Date of Action: Nov. 27, 2012

Name(s) of Defendant(s): Farmers & Merchants Trust Co. of Chambersburg, successor by merger to Community Trust Co.

November 20, 2012

Obama administration moves forward to implement health care law, ban discrimination against people with pre-existing conditions

Washington – The Obama administration moved forward today to implement provisions in the health care law that would make it illegal for insurance companies to discriminate against people with pre-existing conditions. The provisions of the Affordable Care Act also would make it easier for consumers to compare health plans, and employers to promote and encourage employee wellness.