June 11, 2013

US Labor Department sues to restore $4.9 million to pension funds of Iowa iron casting foundry and Michigan manufacturer

LEXINGTON, Ky. – The U.S. Department of Labor has filed complaints on behalf of pension plans at Iowa-based foundry Fairfield Casting LLC and Michigan-based manufacturer Fourslides Inc. The suits, filed in U.S. District Court for the Eastern District of Kentucky, allege improper use of pension funds and seek to restore $4.9 million to the defined benefit plans.

June 11, 2013

Judge orders fiduciary to restore funds to Air Gage Co. 401(k) Plan & Air Gage Co. Health Care Plan in Livonia, Mich.

Date of Action: June 10, 2013

Type of Action: Consent judgment and order

Name of Defendant: Thomas Fernandes, individually and as a fiduciary to the Air Gage Company 401(k) Plan and Air Gage Company Health Care Plan

Resolution: Fernandes, in his capacity as a fiduciary to the Air Gage Company 401(k) Plan and Air Gage Company Health Care Plan, is liable to the plans for $11,143.21.

June 10, 2013

US Labor Department lawsuit results in court order to return more than $225,000 in retirement assets to Milwaukee company’s workers

MILWAUKEE – A federal court in Milwaukee has ordered Michael J. Losik to restore $225, 274 to the Losik Engineering Design Group Ltd. defined benefit retirement plan. Losik, the company’s president and owner, violated the Employee Retirement Income Security Act by imprudently investing plan assets in a hedge fund, by making an improper distribution to his own account, and by failing to properly administer the plan. The judgment resolves a lawsuit filed by the U.S.

June 5, 2013

US Department of Labor launches online retirement toolkit in cooperation with Social Security Administration, Centers for Medicare and Medicaid Services

WASHINGTON — The U.S. Department of Labor today announced the launch of an online toolkit to help workers identify key issues related to retirement planning. The department's Employee Benefits Security Administration developed the toolkit in cooperation with the Social Security Administration and the Centers for Medicare and Medicaid Services to help workers understand important decisions related to employment-based plans, Social Security and Medicare.

June 4, 2013

Judge finds fiduciary liable for more than $35,000 to Dayton Imaging Solutions Inc. SIMPLE IRA Plan

Date of Action: May 29, 2013 

Type of Action: Consent Order and Judgment

Names of Defendants: Dayton Imaging Solutions Inc., Bryan Belden, and the Dayton Imaging Solutions Inc. SIMPLE IRA Plan located in Dayton, Ohio.

June 3, 2013

US Department of Labor encourages asset custodians and record-keepers to work together to wind up abandoned plans

WASHINGTON — The U.S. Department of Labor's Employee Benefits Security Administration today announced that it has approved a process for JP Morgan Chase Bank NA and ADP Inc. to terminate and wind up approximately 180 defined contribution pension plans abandoned due to corporate crises or neglect. This action, conducted through EBSA's abandoned plan program, will give plan participants control over the fate of their retirement savings.

June 3, 2013

Harris v. Garrison Enterprises Inc. involving failing to remit employee contributions to the company’s 401(k) plan in Charlotte, NC.

Date of Action: May 20, 2013

Type of Action: Consent Judgment and Order

Name(s) of Defendant(s): Cameron Garrison and Garrison Enterprises Inc.

May 30, 2013

Judge orders fiduciary to restore more than $64,000 to Advetech Inc. Group 401(k) Plan in Canfield, Ohio

Date of Action: May 30, 2013

Type of Action: Consent Order and Judgment

Names of Defendant: David Scott Owens, individually and as a fiduciary to the Advetech Inc. Group 401(k) Plan, Advetech Inc. and the Advetech Inc. Group 401(k) Plan

May 30, 2013

Court orders fiduciaries to restore more than $34,000 in losses to Hostetler Door Inc. 401(k) Plan in Goshen, Ind.

Date of Action: May 28, 2013

Type of Action: Consent order and judgment

Names of Defendant: Hostetler Door Inc., Glen Hostetler and Julie Hostetler, as fiduciaries to the Hostetler Door Inc. 401(k) Plan, and the Hostetler Door Inc. 401(k) Plan.

May 30, 2013

Harris v. Nohl Crest Homes Corp. involving employee stock plan in Florida

Date of Action: May 22, 2013

Type of Action: Complaint

Name(s) of Defendant(s): Nohl Crest Homes Corp., Kenneth R. Emery, Peter G. Timba, and Nohl Crest Homes Corp. Employee Stock Ownership plan

May 29, 2013

Obama administration continues moving forward to implement health care law by releasing final rules on employment-based wellness programs

WASHINGTON - The U.S. Departments of Health and Human Services, Labor and the Treasury today issued final rules on employment-based wellness programs. The final rules support workplace health promotion and prevention as a means to reduce the burden of chronic illness, improve health and limit growth of health care costs, while ensuring that individuals are protected from unfair underwriting practices that could otherwise reduce benefits based on health status.

May 23, 2013

Harris v. Vineet Kalucha, involving consent judgment to restore nearly $21,000 to 401(k) plan of defunct software development company in Reston, Va.

Date of Action: May 22, 2013

Type of Action: Complaint and Consent Judgment

Name(s) of Defendant(s): Vineet Kalucha

May 22, 2013

Court orders default judgment requiring fiduciary to restore losses to TS Randall Company LLC Retirement Savings Plan in Columbus, Ohio

Date of Action: May 20, 2013

Type of Action: Default Judgment

Names of Defendant: Tracy S. Randall, as a fiduciary to the TS Randall Company LLC Retirement Savings Plan, TS Randall Company LLC and the TS Randall Company LLC Retirement Savings Plan.

May 22, 2013

US Department of Labor acts to free 401(k) assets for former workers of defunct Syracuse, NY, construction company

NEW YORK – The U.S. Department of Labor has filed suit in the U.S. District Court for the Northern District of New York seeking the appointment of an independent fiduciary to manage the 401(k) plan of the defunct David J. Hardy Construction Co. of Syracuse.

May 14, 2013

Fiduciary restores more than $11,000 to Romaine Inc. 401(k) Plan in Elkhart, Ind.

Date of Action: May 10, 2013

Type of Action: Consent Order and Judgment

Name of Defendant: John A. Levy

Allegations: Levy, in his capacity as a fiduciary to the Romaine Inc. 401(k) Plan, failed to remit $10,286.41 in employee contributions and loan repayments to plan during periods from Jan. 5, 2007, through April 29, 2011. In addition, Levy failed to remit employee contributions and loan repayments to the plan in a timely manner during the same period.

May 13, 2013

Judge orders former CEO to restore more than $18,000 to Fresh Start Inc. 401(k) Plan in Cleveland, Ohio

Date of Action: May 10, 2013

Type of Action: Consent Order and Judgment

Names of Defendant: Ruby J. Black, individually and as a fiduciary to the Fresh Start Inc. 401(k) Plan and the Fresh Start, Inc. 401(k) Plan.

May 8, 2013

Harris v. First Restoration Services Inc. involving failure to remit employee contributions to 401(k) retirement plan in Charlotte, NC

Date of Action: May 7, 2013

Type of Action: Consent Judgment and Order

Name(s) of Defendant(s): First Restoration Services, Inc. and Frank Headen

May 7, 2013

Harris v. Dr. Robert B. Chambliss involving consent judgment in Hardinsburg, Ky.

Date of Action: May 6, 2013

Type of Action: Complaint and consent order and judgment

Name(s) of Defendant (s): Dr. Robert B. Chambliss and Robert B. Chambliss, M.D., PLLC

May 7, 2013

US Labor Department seeks input on regulations regarding lifetime income illustrations

WASHINGTON – The U.S. Department of Labor's Employee Benefits Security Administration today announced an advance notice of proposed rulemaking focusing on lifetime income illustrations given to participants in defined contribution pension plans such as 401(k) and 403(b) plans. The ANPRM provides an opportunity for stakeholders to provide early input into the development of regulations.

May 7, 2013

Judge appoints independent fiduciary to terminate Grand Rapids, Mich.-based Grand Craft LLC 401(k) Plan, after former fiduciary restores plan losses

Date of Action: May 3, 2013

Type of Action: Consent Judgment and Order

Names of Defendant: Timothy Masek and Grand Craft LLC as fiduciaries to the Grand Craft LLC 401(k) Plan in Grand Rapids, Mich.

Allegations: Masek and Grand Craft LLC, in their capacity as fiduciaries failed to remit and timely remit 2008 and 2009 participant contributions to the Grand Craft LLC 401(k) Plan.  These funds remained part of the company’s general assets and were used for business expenses.