February 25, 2013

Employee Benefits Security Administration to host webcasts for small businesses on retirement savings plans

WASHINGTON – The U.S. Department of Labor’s Employee Benefits Security Administration will host two free webcasts for small business owners on retirement savings plans as part of America Saves Week.

February 21, 2013

US Labor Department obtains $80 million for participants in Sherwin-Williams Employee Stock Purchase and Savings Plan

WASHINGTON – The U.S. Department of Labor has reached a settlement with the Cleveland-based Sherwin-Williams Co. that will provide $80 million to current and past participants of its Employee Stock Purchase and Savings Plan. The agreement is the result of an investigation by the department’s Employee Benefits Security Administration into whether Sherwin-Williams, seeking to take advantage of tax breaks, improperly managed the plan in violation of the Employee Retirement Income Security Act. The settlement also requires Illinois-based GreatBanc Trust Co.

February 21, 2013

Judge order fiduciary to restore funds to Accucast Technology 401(k) in South Bend, Ind.

Date of Action: Feb. 15, 2013

Type of Action: Default judgment

Names of Defendant: Joseph A. Seher, Accucast Technology LLC 401(k) Plan and Accucast Technology LLC Health Plan

Allegations: Seher in his capacity as a fiduciary to the Accucast Technology LLC 401(k) Plan and Accucast Technology LLC Health Plan failed to ensure employee contributions were forwarded to the plan.

February 18, 2013

Judge orders fiduciary to restore more than $19,000 to Jomar Building Co. Inc., employee benefit plans in Detroit

Date of Action: April 18, 2013

Type of Action: Consent Order and Judgment

Name of Defendant: Odell Jones, III, individually and as a fiduciary to the Jomar Building Company Inc. 401(k) Plan and the Jomar Building Company Inc. Benefit Plan

February 14, 2013

Solis v. Tomco Auto Products, Inc. involving summary judgment and default judgment of Tomco Auto Products, Inc. in Los Angeles, Calif.

Date of Action: Jan. 31, 2013

Type of Action: Motions for Summary Judgment and Entry of Default Judgment

Names of Defendants: Richard Alan Schoenfeld and Tomco Auto Products, Inc.

Allegations: Plan fiduciaries improperly withdrew $197,000 from the plan in late 2004, and used the money to pay the financial obligations of Tomco Auto Products, Inc. Plan fiduciaries failed to repay $47,000 in principal plus $22,511.36 in lost earnings to the plan.

February 14, 2013

US Department of Labor files suit to recover an additional $57,000 for workers in five Nashville, TN, area retirement plans

NASHVILLE, Tenn. – The U.S. Department of Labor has filed a lawsuit in the U.S. District Court for the Middle District of Tennessee against Aaron Donald Vallett and his wholly-owned company, A.D. Vallett & Co. LLC, which provided third-party administrative services to a number of retirement plans in the Nashville area. The company also provided brokerage services and financial advice to a number of individual and corporate clients.

February 5, 2013

Judge orders fiduciaries, company to restore losses to Herb’s Carpet & Tile SIMPLE IRA Plan in Fremont, Mich.

Date of Action: Feb. 4, 2013

Type of Action: Default judgment

Names of Defendants: Philip Oakes, Herb’s Carpet & Tile, Inc., and the Herb’s Carpet & Tile Savings Incentive Match Plan for Employees Individual Retirement Account Plan in Fremont, Newaygo County, Mich.

February 5, 2013

Judge orders appointment of independent fiduciary, termination of Maximus Multimedia International 401(k) Savings Plan in Peoria, Ill.

Date of Action: Feb. 1, 2013

Type of Action: Default judgment

Names of Defendants: Maximus Multimedia International LLC and Maximus Multimedia International LLC 401(k) Savings Plan in Peoria, Ill.

February 4, 2013

US Department of Labor achieves $5.2 million settlement for retirement plan clients of ING Life Insurance and Annuity Co.

WASHINGTON — The U.S. Department of Labor today announced a settlement agreement with ING Life Insurance and Annuity Co. that provides for a $5.2 million payment to certain retirement plan clients adversely affected by its undisclosed practice of keeping investment gains achieved when the company failed to process requested transactions in a timely manner.

The department alleged that ILIAC's failure to disclose its policy on reconciling transaction processing errors to retirement plan clients was a violation of the Employee Retirement Income Security Act.

January 31, 2013

Solis v. Keith Vinson and Tradition, LLC, involving failure to remit employee contributions to the company’s health plan in Hendersonville, NC

Date of Action: January 25, 2013

Type of Action: Complaint

Name(s) of Defendant(s): Keith Vinson and Tradition, LLC

January 30, 2013

US Department of Labor's ERISA Advisory Council to hold 165th public meeting March 1

WASHINGTON – The U.S. Department of Labor's Advisory Council on Employee Welfare and Pension Benefit Plans, also known as the ERISA Advisory Council, will hold its 165th public meeting March 1.

The meeting will take place at department headquarters, 200 Constitution Ave. NW, Suite C-5521 Room 4, Washington, D.C. 20210. It will run from 1:30 p.m. to approximately 4:30 p.m. EST.

January 30, 2013

Judge appoints independent fiduciary to terminate Nutrition Clinic 401(k) Plan in Rockford, Ill., and provide funds to participants

Date of Action: Jan. 29, 2013

Type of Action: Default judgment

Names of Defendant: Gautam Gupta, Gautam Gupta, M.D., doing business as, Nutrition Clinic 401(k) Plan

January 29, 2013

US Department of Labor takes action to free up 401(k) assets for former workers at defunct Long Island, NY, company

NEW YORK – The U.S. Department of Labor has filed suit in the U.S. District Court for the Eastern District of New York seeking the appointment of an independent fiduciary to manage the 401(k) plan of defunct Windswept Environmental Group Inc. of Holtsville, N.Y.

January 28, 2013

Court orders default judgment requiring fiduciary to restore more than $7,000 to Spencer & Associates Profit Sharing & 401(k) Plan in Springfield, Ohio

Date of Action: Jan. 25, 2013

Type of Action: Default judgment

Names of Defendant:Tannile Elizabeth Ortiz, a fiduciary to the Spencer & Associates LLC Profit Sharing and 401(k) Plan

January 28, 2013

US Labor Department Updates Delinquent Filer Voluntary Compliance Program

WASHINGTON – The U.S. Department of Labor’s Employee Benefits Security Administration today announced technical updates to its Delinquent Filer Voluntary Compliance Program.

The Employee Retirement Income Security Act requires most private-sector plans to file an annual return/report of employee benefit plan. This is usually the Form 5500 or, for certain small plans, Form 5500-SF. Plan administrators who fail or refuse to comply with ERISA’s annual filing requirement may incur significant monetary penalties.

January 23, 2013

US Labor Department recovers more than $29,000 to 401(k) plan of Towson Rehabilitation Center LLC in Towson, Md.

Date of Action: Jan. 18, 2013

Type of Action: Consent judgment

Name(s) of Defendant(s): Towson Rehabilitation LLC, chief executive officer Howard Neels, and the Towson Rehabilitation 401(k) plan

Allegations: Since January 2006, the defendants failed to remit employee contributions to the plan, remitted certain employee contributions late without interest, and failed to segregate the plan's assets from the general assets of the company.

January 23, 2013

Judge orders appointment of independent fiduciary to administer Bemcore Inc. Incentive Plan from defunct Dayton, Ohio, company

Date of Action: Jan. 22, 2013

Type of Action: Default judgment

Name(s) of Defendant(s): Gary L. Merritt, as fiduciary to the Bemcore Inc. Incentive Plan, Bemcore, Inc. and Bemcore, Inc. Incentive Plan in Dayton, Ohio

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.