March 27, 2012

US Labor Department obtains court order to restore employee contributions to 401(k) plan of Stafford, Texas-based L.A. Utilities

STAFFORD, Texas – The U.S. Department of Labor has obtained a consent judgment and order resolving a lawsuit filed against Stephen B. Hobbs, former chief financial officer of defunct L.A. Utilities Inc., for failing to forward employee contributions and loan repayments to the company’s 401(k) plan in violation of the Employee Retirement Income Security Act.

March 26, 2012

Employee Benefits Security Administration to host Affordable Care Act webcast in Spanish

WASHINGTON — The U.S. Department of Labor's Employee Benefits Security Administration will host a free Spanish-language webcast, "The Affordable Care Act: Important New Protections for You and Your Family," on Wednesday, April 10, at 2 p.m. EDT.

March 19, 2012

US Labor Department obtains court-appointed independent fiduciary for 401(k) plan of defunct Moorestown, NJ, company

MOORESTOWN, N.J. ‒ The U.S. Department of Labor has obtained a judgment and order appointing an independent fiduciary to manage the 401(k) plan of defunct Thermacon Industries Inc., formerly located in Moorestown.

The judgment resolves a lawsuit filed by the Labor Department in May 2011 alleging that Thermacon Industries violated the Employee Retirement Income Security Act. The suit charged that, after the company ceased operations in 2004, its fiduciaries failed to terminate the retirement plan and distribute its assets, which are valued at $242,159.

March 19, 2012

US Labor Department to host free webcasts on private sector retirement plans

WASHINGTON – The U.S. Department of Labor's Employee Benefits Security Administration today announced two upcoming webcasts to increase awareness and understanding of basic responsibilities associated with operating private sector retirement plans.

“Getting It Right – Know Your Fiduciary Responsibilities” webcasts will take place on Tuesday, March 27 and Wednesday, March 28 from 1 to 2:30 p.m. EDT. The webcasts are part of the agency’s national fiduciary education campaign and will feature speakers from the department.

March 14, 2012

US Labor Department seeks to recover more than $256,000 in retirement assets for workers at Heartland Foods in Indianapolis

INDIANAPOLIS – The U.S. Department of Labor has filed a complaint in federal court seeking to restore $256,457.08, plus lost opportunity costs, to the Heartland Foods Inc. 401(k) Profit Sharing Plan. Based on the findings of an investigation by the department’s Employee Benefits Security Administration, the complaint alleges that co-owners Karen S.

March 14, 2012

US Labor Department sues trustees of IATSE Local 829 retirement and benefit plans to undo prohibited transactions, account for misused funds

NEW YORK – The U.S. Department of Labor has filed a lawsuit against the trustees of the pension plan, annuity fund and vacation fund of Exhibition Employees Local 829 of the International Association of Theatrical Stage Employees in New York for numerous violations of the Employee Retirement Income Security Act. The suit, filed in the U.S. District Court for the Southern District of New York, resulted from an investigation by the New York Regional Office of the department’s Employee Benefits Security Administration.

March 13, 2012

US Department of Labor sues Silicon Plains Technologies of Urbandale, Iowa, to restore more than $38,000 to participants’ 401(k) plan

URBANDALE, Iowa – The U.S. Department of Labor is suing Silicon Plains Technologies Inc. and former CEO Greg McCormick to restore $36,631.88 in employee contributions and $1,943.79 in loan repayments from employees’ paychecks that were withheld but never forwarded to the company’s 401(k) plan, in violation of the Employee Retirement Income Security Act.

Silicon Plains Technologies was located in Urbandale and provided system design, consultation and custom computer programming services. McCormick served as the company’s CEO from 1993 to 2009.

March 7, 2012

Solis v. Rusty’s Truck Service, Inc. Profit Sharing Plan

Date of Action: March 7, 2012

Type of Action: Complaint

Name(s) of Defendant: Rusty’s Truck Service, Inc. Profit Sharing Plan

March 1, 2012

US Labor Department extends comment period on proposed rules on filings required by multiple employer welfare arrangements

WASHINGTON – The U.S. Department of Labor's Employee Benefits Security Administration today announced a two-week extension of the comment period on its proposed rule requiring multiple employer welfare arrangements (MEWAs) to register with the department.

Interested parties now have until March 19, 2012, to submit comments on the proposed rule via the Federal eRulemaking Portal at www.regulations.gov, or by mail, hand or electronic delivery to the agency at E-OHPSCAMEWARegistration.EBSA@dol.gov.

February 27, 2012

US Department of Labor’s ERISA Advisory Council to hold public meeting March 13

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 meet Tuesday, March 13, at Labor Department headquarters, 200 Constitution Ave. NW, Washington, D.C. 20210, in Room S-2508.

February 23, 2012

US Labor Department hosts Spanish-language health benefits webinar Feb. 29

WASHINGTON – The U.S. Department of Labor's Employee Benefits Security Administration today announced its first Spanish-language health benefits webinar to take place Wednesday, Feb. 29 from 1 to 2:30 p.m. EST. The event is free and being co-sponsored by Families USA. Participants can register online.

February 23, 2012

Defunct West Chester, Pa., company and owner ordered to restore more than $661,000 in retirement plan assets following US Labor Department lawsuit

WEST CHESTER, Pa. ‒ The U.S. Department of Labor has obtained a summary judgment ordering Compass Capital Partners Ltd. and owner Harris M. DeWese to restore $661,206 to the defunct West Chester company’s retirement plan. The judgment resolves a lawsuit filed by the department in August 2011 that alleged violations of the Employee Retirement Income Security Act.

February 23, 2012

US Labor Department concludes settlement restoring $32 million to Tribune Co. employee stock ownership plan

WASHINGTON — The U.S. Department of Labor’s Employee Benefits Security Administration has announced that the Tribune Co., GreatBanc Trust Co. and various insurance carriers have completed funding of a global settlement in the amount of $32 million to be allocated among the Tribune Employee Stock Ownership Plan’s participants, and to pay for legal and administrative expenses.

February 23, 2012

Solis v. John Louis Roberts, et. al., involving consent judgment to restore employee contributions to 401(k) plan of Pittsburgh, Pa., company

Date of Action: Feb. 17, 2012

Name(s) of Defendant(s): John Louis Roberts, Mara Scanlon Roberts and Sterling Printing and Graphics, Inc.

February 16, 2012

US Labor Department to host free webcast Feb. 23 for small businesses and their accountants on retirement savings options

WASHINGTON – As part of America Saves Week, the U.S. Department of Labor’s Employee Benefits Security Administration and the America Saves campaign of the Consumer Federation of America will host a free webcast on Thursday, Feb. 23, 2012, from 2 to 4 p.m. EST, for small businesses, their accountants and service providers. Topics include choosing a retirement savings plan and the advantages of direct deposits to small businesses and their employees.

February 13, 2012

US Department of Labor sues defunct Georgia software company to restore assets to company’s 401(k) retirement plan

MARIETTA, Ga. – The U.S. Department of Labor has sued By Design Consulting Corp. and its owner, Randall Williamson Smith, to restore $25,978.39 in assets to the defunct company’s 401(k) retirement plan after an investigation by the department’s Employee Benefits Security Administration found violations of the Employee Retirement Income Security Act.

February 13, 2012

Solis v. William H. Kiser and Mary Sue Kiser, United State District Court, Eastern District (Frankfort), KY; Solis v. William H. Kiser, U.S. Bankruptcy Court (Fort Myers), FL; Solis v. Mary Sue Kiser, U.S. Bankruptcy Court (Fort Myers), FL

Date of Action:  Feb. 10, 2012

Type of Action:  Judgment by Default

Name(s) of Defendant: William H. Kiser and Mary Sue Kiser, Irotas Manufacturing Company, LLC 401(k), and Irotas Manufacturing Company, LLC

Allegations: Between June and August 2008, William H. Kiser and Mary Sue Kiser, as trustees to the Irotas Manufacturing Company, LLC 401(k) Plan, transferred $487,138.08 of plan assets out of the plan to benefit the company.

February 9, 2012

US Labor Department sues Bethesda, Md., company and owner to restore nearly $800,000 in 401(k) plan funds invested in fraud scheme

BETHESDA, Md. ‒ The U.S. Department of Labor has filed a lawsuit against Bethesda-based Dynasty Construction Inc. and owner John J. Barrett III for breach of fiduciary duty with respect to the company’s 401(k) plan. According to the suit, more than $775,000 from the 401(k) plan was invested in a fraudulent scheme in 2006, in violation of the Employee Retirement Income Security Act. This amount represented nearly all of the assets in the accounts of the 19 plan participants as of the end of 2005.

February 3, 2012

US Labor Department sues Towson Rehabilitation Center in Maryland and owner to restore employees’ 401(k) contributions

TOWSON, Md. The U.S. Department of Labor has filed a lawsuit against Towson Rehabilitation Center LLC and chief executive officer Howard Neels for failing to remit employees’ contributions to the company’s 401(k) plan, in violation of the Employee Retirement Income Security Act.

February 2, 2012

US Labor, Treasury Departments act to enhance retirement security for an America built to last

WASHINGTON – Following President Obama’s State of the Union address, in which he proposed a blueprint for an American economy built to last, the U.S. Departments of Labor and the Treasury today announced two executive actions designed to help enhance security for millions of Americans saving for retirement. The measures will expand transparency in the 401(k) plan marketplace and broaden the availability of retirement plan options so that Americans can maximize their ability to save responsibly and securely.