October 22, 2013

California magazine publisher ordered by US Department of Labor to restore nearly $364,000 to employee pension plan

SANTA MONICA, Calif. — The U.S. Department of Labor has secured a consent judgment with former magazine publisher Twelve Signs Inc. and its president, Richard Housman. An investigation by the department's Employee Benefits Security Administration established that Housman, acting as the sole fiduciary to the employee pension plan, violated the Employee Retirement Income Security Act by mismanaging plan assets, resulting in the loss of $617,839. The judgment requires Housman to restore all losses caused to the plan, less his share.

October 22, 2013

Fiduciary to restore more than $12,000 to Spencer & Associates LLC Profit Sharing and 401(k) Plan in Springfield, Ohio

Date of Action: Oct. 22, 2013

Type of Action: Consent Order and Judgment

Names of Defendants: Bruce E. Spencer, Tannile Elizabeth Ortiz and Paul Olzeski, as fiduciaries to the Spencer & Associates, LLC Profit Sharing and 401(k) Plan.

October 22, 2013

EBSA News Release: ERISA Advisory Council to hold open meeting Nov. 4-5 [10/22/2013]

WASHINGTON — A meeting of the Advisory Council on Employee Welfare and Pension Benefit Plans, known as the ERISA Advisory Council, will take place Monday, Nov. 4 from 1 p.m. — 5 p.m. EST. The meeting is open to the public and will be held in room 4 of suite C-5521, U.S. Department of Labor, 200 Constitution Ave. NW, Washington, D.C. 20210. On Tuesday, Nov. 5, the meeting will be split into two sessions: the morning session will continue in room 4 of suite C-5521 from 8:30 a.m.

October 17, 2013

Perez v. New Generations Furniture Co. involving abandoned plan in McKenzie, Tenn.

Date of Action: Sept. 26, 2013

Type of Action: Complaint

Name(s) of Defendant(s): New Generations Furniture Co., New Generations Employee Retirement and Savings Plan, and Ben J. Gaines.

September 20, 2013

Judge finds fiduciaries liable for more than $33,000 to Fisher & Partners Structural Engineers Inc. SIMPLE IRA Plan

Date of Action: Sept. 17, 2013

Type of Action: Complaint, Consent Order and Judgment

Names of Defendants: David Fisher, Fisher & Partners Structural Engineers, Inc., and Fisher & Partners Structural Engineers, Inc. SIMPLE IRA Plan located in Chicago, Ill.

September 20, 2013

EBSA News Release: ERISA Advisory Council to hold open meeting Monday, Sept. 23 [09/20/2013]

WASHINGTON — An open meeting of the Advisory Council on Employee Welfare and Pension Benefit Plans, also known as the ERISA Advisory Council, will take place Monday, Sept. 23 from 10 a.m. to 4 p.m. EDT. The meeting is open to the public and will be held at the U.S. Department of Labor, 200 Constitution Ave. NW, Washington, D.C. 20210, Room 4 C5521.

September 19, 2013

US Labor Department files complaint to restore more than $47,000 to Industrial Surfacing Corp. 401(k) Plan in Urbana, Ill.

Date of Action: Sept. 17, 2013

Type of Action: Complaint

Names of Defendants: Rodger D. Ferguson, Industrial Surfacing Corp., Industrial Surfacing Corp. 401(k) Plan

September 19, 2013

US Labor Department obtains limited injunction order removing Pennsylvania-based fiduciaries of welfare benefit plans sponsored by employers nationwide

Date of Action: Sept. 16, 2013

Name(s) of Defendant(s): John J. Koresko V, et al.

September 18, 2013

EBSA News Release: New guidance issued by US Labor Department on same-sex marriages and employee benefit plans [09/18/2013]

WASHINGTON — The U.S. Department of Labor today announced new guidance interpreting the Supreme Court's decision in United States v. Windsor. In a technical release, the department's Employee Benefits Security Administration provides guidance to plans, plan sponsors, fiduciaries, participants and beneficiaries on the decision's impact on the Employee Retirement Income Security Act of 1974.

September 12, 2013

EBSA News Release: US Labor Department to host Affordable Care Act webcast for employers and health plan service providers [09/12/2013]

WASHINGTON — The U.S. Department of Labor's Employee Benefits Security Administration will host a two-day compliance assistance webcast on Tuesday, Sept. 17 and Wednesday, Sept. 18 from 1 to 2:30 p.m. EDT each day. "The Affordable Care Act Compliance Assistance Webcast" will provide employers, brokers, third-party administrators and others with practical information, helpful tips and clarification on the new law. EBSA staff will be joined on the webcast by representatives from the Department of the Treasury and the Department of Health and Human Services.

September 11, 2013

U.S. Department of Labor files complaint to restore losses to the Storrow Kinsella Associates Inc. SIMPLE IRA Plan in Indianapolis

Storrow Kinsella Associates Inc. SIMPLE IRA Plan in Indianapolis

Date of Action: Sept. 10, 2013

Type of Action: Complaint

Names of Defendant: Margaret T. Storrow, Storrow Kinsella Associates Inc., Storrow Kinsella Associates Inc. SIMPLE IRA Plan

September 10, 2013

US Labor Department files lawsuit to restore $42,000 in funds to Lakes Area Advertiser Inc. and A.D.S. Delivery Service Inc. 401(k) Plans

Date of Action: Sept. 10, 2013

Type of Action: Complaint

Names of Defendants: Brandy Williams, Wanda Knight, Dmazana Lumukanda, Lakes Area Advertiser Inc. 401(k) Plan and A.D.S. Delivery Service Inc. 401(k) Plan

September 9, 2013

US Labor Department files lawsuit to restore $92,000 to E. L. Fasel & Sons Profit Sharing Plan in Kane County, Ill., following mishandling of funds

Date of Action: Sept. 9, 2013

Type of Action: Complaint

Names of Defendants: Orland Fasel, Bernice Fasel, Edward Fasel, E. L. Fasel & Sons Inc. Profit Sharing Plan

September 9, 2013

Labor Department obtains consent judgment securing the restoration of nearly $71,000 to Wilmington, Del., retirement plan

Date of Action: Sept. 4, 2013

Name(s) of Defendants: Progressive Services Inc., Michael Hirst and Peg Hirst

September 6, 2013

US Department of Labor obtains consent judgment to recover more than $18,000 to 401(k) plan of TMR Inc. in Broomall, Pa.

Date of Action: Aug. 30, 2013  

Name(s) of Defendant(s): Thomas Ramsburg and TMR Inc.

Allegations: The U.S. Secretary of Labor filed a complaint alleging the following:

September 4, 2013

DOL v. J. M. Singley & Associates Inc.

Date of Action: Aug. 29, 2013

Name(s) of Defendant(s): J. M. Singley & Associates Inc.

August 29, 2013

Department of Labor files complaint to recover more than $20,000 to the Sister Rosalind Gefre Employee Retirement Plan in Minneapolis

Date of Action: Aug. 27, 2013

Type of Action: Complaint

Names of Defendant: Sister Rosalind Gefre Schools of Clinics and Massage Inc., Peter Fahnlander and Larry Hanson, individually, and fiduciaries to the Sister Rosalind Gefre Employee Retirement Plan

August 26, 2013

US Labor Department obtains default judgment restoring employee contributions to retirement plan of Pottsville, Pa., nonprofit

Date of Action: Aug. 6, 2013

Name(s) of Defendant(s): Rape and Victim Assistance Center of Schuylkill County

August 22, 2013

US Department of Labor sues San Francisco's California Pacific Bank

SAN FRANCISCO — The U.S. Department of Labor has filed a lawsuit against San Francisco's California Pacific Bank and four of its directors. The complaint alleges that the bank, its CEO and three additional fiduciaries of the bank's Employee Stock Ownership Plan mismanaged plan assets resulting in potential plan losses totaling approximately $1.4 million. The suit asks the court to require the fiduciaries to restore all losses they caused to the plan.

August 22, 2013

US Labor Department Hosts Affordable Care Act webcast

WASHINGTON – The U.S. Department of Labor's Employee Benefits Security Administration today announced an upcoming webcast. “The Affordable Care Act: How Will It Affect Me?” will take place Thursday, Aug. 29 from 1-2 p.m. EDT. EBSA staff will be joined on the webcast by colleagues from the Department of Health and Human Services.