November 29, 2010

US Labor Department obtains court judgment ordering former Marietta, Ga., insurance agency to restore more than $77,000 to 401(k) plan

KENNESAW, Ga. – The U.S. Department of Labor has obtained a court order requiring the Hoyla Insurance Group Inc. and owner Michael Hoyla to restore $77,470.48 to the former company's 401(k) retirement plan.

Following an investigation by the Labor Department's Employee Benefits Security Administration, the department filed a lawsuit alleging that the defendants violated the Employee Retirement Income Security Act by comingling employee contributions with company funds.

November 29, 2010

Third-party retirement plan administrator sentenced for false statement on Form 5500, following US Labor Department investigation

PHILADELPHIA – The U.S. Department of Labor's Employee Benefits Security Administration today announced that the owner of Philadelphia Pension Planning Corp., formerly located in Montgomery County, Pa., was sentenced to 15 months in prison and three years of supervised release, and ordered to pay $715,228.79 to the Bustleton Landscaping Co. Inc. Profit Sharing Plan for making a false statement in the Form 5500 annual report.

November 29, 2010

US Labor Department sues pension plans trustee of 2 defunct New York City garment companies to recover millions of dollars in misused assets

NEW YORK – The U.S. Department of Labor has sued trustee Colette Mordo for alleged misuse of more than $4.6 million in plan assets of the Sadimara Knitwear Inc. and the Stallion Knits Ltd. defined benefit pension plans, in violation of her fiduciary duties under the Employee Retirement Income Security Act. The lawsuit is based on an investigation by the department's Employee Benefits Security Administration.

November 29, 2010

US Labor Department proposes rule to enhance target date retirement fund disclosures

WASHINGTON – The U.S. Department of Labor's Employee Benefits Security Administration today announced a proposed rule that will help America's workers better understand target date retirement funds and other similar investments offered in 401(k)-type pension plans.

November 23, 2010

US Labor Department sues former Orlando, Fla., security consulting company to restore 401(k) plan assets

ORLANDO, Fla. – The U.S. Department of Labor is suing the defunct Bordes Group Inc. and the estate of its late owner, Roy Bordes, to restore assets to the company’s 401(k) plan for the benefit of the plan’s participants and beneficiaries.

November 23, 2010

US Labor Department sues defunct Lakeland, Fla., automotive equipment and tools sales company to restore 401(k) losses to plan participants

LAKELAND, Fla. – The U.S. Department of Labor has sued defunct GBK & Associates Inc. and its owners, Deborah Burgess-Wyngate and George Kamanis, to restore losses suffered by the company’s 401(k) plan participants and beneficiaries. The lawsuit followed an investigation by the department’s Employee Benefits Security Administration into alleged violations of the Employee Retirement Income Security Act.

November 23, 2010

US Labor Department settles dispute with former Tampa, Fla., pharmaceutical corporation over retirement plan assets

TAMPA, Fla. – The U.S. Department of Labor has obtained consent judgments requiring Medipharm-Rx Inc. and two 401(k) plan administrators to restore more than $10,000 in losses incurred by the company’s 401(k) plan.

November 18, 2010

US Labor Department proposes rule to implement annual funding notice requirement for pension plans

WASHINGTON – Pursuant to a requirement imposed by the Pension Protection Act of 2006, the U.S. Department of Labor’s Employee Benefits Security Administration today announced a proposed rule to implement the annual funding notice requirement under section 101(f) of the Employee Retirement Income Security Act.

November 17, 2010

US Labor Department obtains judgments against trustees of New York City- based pension plan for violating employee benefits law

NEW YORK – The U.S. Department of Labor has obtained a judgment against trustee Samuel Kohl and default judgments against trustee Caren Kohl and Welko Inc. of New York City as fiduciaries of the Welko Inc. Pension Plan, permanently barring them from serving in a fiduciary capacity to any employee benefit plan covered by the Employee Retirement Income Security Act.

November 16, 2010

U.S. Labor Department sues Tucson, Ariz., sand and gravel company to protect employee benefit assets

TUCSON, Ariz. - The U.S. Department of Labor has sued a former Tucson company and its owner for failing to protect the interests of the participants in the company's 401(k) profit sharing plan. In the suit, filed in the U.S. District Court for the District of Arizona, the Labor Department is seeking repayment of at least $2,000 in employee salary reductions, plus lost opportunity costs from defunct Sonora Environmental LLC and its former owner and president, Lee Jolley.

November 16, 2010

U.S. Labor Department announces nationwide enforcement actions to protect millions of dollars in worker retirement and health benefits

WASHINGTON – The U.S. Department of Labor's Employee Benefits Security Administration today announced a series of enforcement actions to protect more than $7 million for workers in retirement plans or health plans governed by the Employee Retirement Income Security Act.

November 16, 2010

US Department of Labor sues Quality Tool and Machine Inc. and president to restore more than $9,000 to SIMPLE IRA plan

SPARTA, Wis. – The U.S. Department of Labor has sued Quality Tool and Machine Inc. of Sparta and the company’s president, Jerry Freimuth, for allegedly failing to forward $9,672 in employee contributions to the company’s savings incentive match plan for employees individual retirement account, or SIMPLE IRA plan, in violation of the Employee Retirement Income Security Act.

November 16, 2010

US Labor Department sues defunct Anaheim contractor to recover employee contributions for SIMPLE IRA plan

PASADENA, Calif. – The U.S. Department of Labor has sued a former Anaheim, Calif., mechanical subcontractor and its president to restore approximately $16,000 owed to the company’s savings incentive match plan for employees individual retirement account, or SIMPLE IRA plan.

November 16, 2010

US Labor Department sues Utah company and owner to recover plan assets for abandoned 401(k) plan

SOUTH JORDAN, Utah - The U.S. Department of Labor sued Fooptube LLC of South Jordan, and its owner, David Rushton, for failing to forward delinquent employee contributions owed to the company's 401(k) profit sharing plan in violation of the Employee Retirement Income Security Act.

November 16, 2010

U.S. Labor Department sues Florida Family Magazine to restore retirement plan assets to plan participants and beneficiaries

SARASOTA, Fla. - The U.S. Department of Labor has sued Florida Family Magazine and its owner, Mary Elizabeth Winkle, to restore employer and employee assets owed to the company's savings incentive match plan for employees individual retirement account, or SIMPLE IRA plan, for the benefit of plan participants and beneficiaries.

November 16, 2010

U.S. Labor Department sues Kirkland, Wash., firm and officers over delinquent contributions owed to 401(k) plan

SEATTLE - Kirkland, Wash.-based Kineticsware Inc. and executives of the company were sued by the U.S. Department of Labor for allegedly failing to timely remit employee and matching employer contributions to the company's 401(k) plan.

November 16, 2010

US Labor Department sues owner of defunct Mass. & RI company to restore more than $6.6 million in misused funds owed to company pension plan

BOSTON – The U.S. Department of Labor has sued Fathalla M. Mashali, owner and president of the now defunct Northern Rhode Island Anesthesia Associates P.C. and its subsidiaries, for failing to forward more than $6 million in contributions plus interest owed to the company’s pension plan, in violation of the Employee Retirement Income Security Act. The company operated subsidiaries throughout Massachusetts and Rhode Island.

November 16, 2010

US Labor Department sues defunct Lexington, SC, steel fabricator to restore more than $7,000 in losses suffered by retirement plan participants

LEXINGTON, S.C. – The U.S. Department of Labor is suing the former Rogers Steel Co. and its owner to restore losses suffered by participants and beneficiaries of the company’s savings incentive match plan for employees individual retirement account, or SIMPLE IRA plan. Rogers Steel Co. was a steel fabricator located in Lexington.

November 16, 2010

US Labor Department sues Dallas-based Calypso Waterjet Systems and its officers to recover workers’ 401(k) contributions and payments

DALLAS – The U.S. Department of Labor has sued Calypso Waterjet Systems Inc. of Dallas and its officers for allegedly failing to forward employee contributions and loan repayments to the company’s 401(k) plan and for misusing plan assets for the benefit of the company in violation of the Employee Retirement Income Security Act.

November 16, 2010

U.S. Labor Department sues executive of defunct Newburgh, NY, employer to restore funds to company SIMPLE IRA retirement plan

NEW YORK - The U.S. Department of Labor has sued an officer of defunct Finnegan's Moving & Warehouse of Newburgh, N.Y., for failing to forward delinquent employee and employer contributions to the company's savings incentive match plan for employees individual retirement account, or SIMPLE IRA plan in violation of the Employee Retirement Income Security Act.