NASHVILLE, Tenn. – The U.S. Department of Labor is suing Empact Medical Services Inc., and its officers Angela Cotter and Elizabeth Gail DeBusk to restore $10,582 in assets to the company’s 401(k) plan that allegedly were mishandled by the defendants in violation of the Employee Retirement Income Security Act.

Date of Action: April 9, 2013

Type of Action: Default Judgment

Name(s) of Defendant: Valerie Kreager and Nationwide Wash Systems, Inc. 401(k) Profit Sharing Plan

Allegations: The complaint alleged that Kreager failed to administer the Plan and authorize distributions on behalf of the Plan participants since the company went out of business. The Plan has three participants with combined assets totaling $29,146.30.

Date of Action: April 4, 2013

Name(s) of Defendant(s): Charles Yaskulski, Eagle Warranty Corp., and Eagle Warranty Corp. profit sharing plan

Date of Action: March 29, 2013

Type of Action: Complaint

Name(s) of Defendant(s): Eugene Kiser, Moniquea Scott, KIP Corp.

WASHINGTON - The U.S. Department of Labor today transmitted to Congress the third annual report on self-insured employee health benefit plans. The report, which is established by the Affordable Care Act, contains general information on self-insured employee health benefit plans and financial information on the employers that sponsor them.

Date of Action: March 11, 2013

Type of Action: Complaint

Name(s) of Defendant(s): Anderson-McGriff Company, Anne Reagan Head as executrix of the estate of John F. Head, III, Jacqueline Crisci as executrix of the estate of John F. Head, III, Lauren Head as executrix of the estate of John F. Head, III, and Anderson-McGriff Company profit-sharing and 401(k) plan.

Date of Action: March 8, 2013

Type of Action: Complaint

Name of Defendant: Sunrise Enterprises 401(k) Profit Sharing Plan

Date of Action: March 1, 2013

Type of Action: Default judgment

Names of Defendants: Gregory J. Harmon and Breeden & Collier Inc.

WASHINGTON - The U.S. Department of Labor’s Employee Benefits Security Administration today released Field Assistance Bulletin 2013-01 concerning new disclosure requirements mandated by the Moving Ahead for Progress in the 21st Century Act.

Date of Action: March 4, 2013

Type of Action: Default Judgment

Names of Defendants: Sun Mortgage Corp., LLC and Derek Michael Danks, president of Sun Mortgage, and Karen Williams, individually and as fiduciaries to the Sun Mortgage Corp., LLC 401(k) Plan

LARGO, Md. - The U.S. Department of Labor has obtained a consent judgment removing NW Systems Inc., Nathan Williams and Jesus Rivera as fiduciaries of the NW Systems Inc. 401(k) plan and appointing GTrust Financial Partners, of Topeka, Kan., as an independent fiduciary with authority to administer the plan.

WASHINGTON — The U.S. Department of Labor's Employee Benefits Security Administration today announced final rules under the Affordable Care Act to protect workers and employers whose health benefits are provided through Multiple Employer Welfare Arrangements. The final rules increase the department's enforcement authority to protect participants in MEWAs and call for such plans to adhere to enhanced filing requirements.

CHICAGO – The U.S. Department of Labor has filed a lawsuit in federal court to restore $79,761.61 to the Hico Flex Brass Co. Inc. 401(k) plan. The suit alleges that the company, as well as former vice president Mark Isaacs and president Neil Isaacs, violated the Employee Retirement Income Security Act by failing to distribute plan assets to participants.

WASHINGTON — The U.S. Department of Labor's Employee Benefits Security Administration today announced final rules under the Affordable Care Act to protect workers and employers whose health benefits are provided through Multiple Employer Welfare Arrangements. The final rules increase the department's enforcement authority to protect participants in MEWAs and call for such plans to adhere to enhanced filing requirements.

WASHINGTON – The U.S. Department of Labor has reached a settlement that provides for payment of more than $34 million to compensate employee benefit plans for losses suffered through investments in funds managed by Austin Capital Management, which indirectly invested in Bernard L. Madoff’s Ponzi scheme. The agreement follows an earlier settlement with Austin Capital’s parent company, KeyCorp, for more than $9 million. Recoveries from both settlements total more than $43 million for plan investors in funds managed by Austin Capital.      

Date of Action: Feb. 19, 2013

Type of Action: Default judgment

Names of Defendant: Keith Davis

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.

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.

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.

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