US Labor Department recovers more than $51,000 in retirement assets for Integrity Builders Inc. 401(k) Safe Harbor Plan in Lincoln, Neb.

Date of Action:  Dec. 22, 2011

Type of Action:  Complaint and Consent Judgment

Names of Defendant: Paul W. Andringa and Integrity Builders, Inc., individually and as fiduciaries to the Integrity Builders, Inc. 401(k) Safe Harbor Plan and the Integrity Builders, Inc. 401(k) Safe Harbor Plan.

Allegations: On Dec. 22, 2011, the U. S. Department of Labor filed suit against Paul W. Andringa, the owner of Integrity Builders, Inc. of Lincoln, Neb., and Integrity Builders, Inc., in the US District Court for the District of Nebraska for failure to timely deposit $42,716.82 in delinquent employee contributions and employer contributions owed to the Integrity Builders, Inc. 401(k) Safe Harbor Plan in violation of the Employee Retirement Income Security Act.  In addition, the suit alleged that Andringa failed to file reports for the plan, including the Form 5500 Annual Reports and Summary Annual Reports for plan years 2005 through 2009, as well as plan participant pension benefit statements for plan years 2007 through 2009.

Resolution: The parties entered into a Judgment which was filed in the US District Court for the District of Nebraska on Dec. 22, 2011.  The judgment requires that Andringa restore the losses experienced by the plan resulting from Andringa’s failure to forward employee contributions and employer contributions to the plan, including lost earnings on these amounts. 

Specifically, the judgment requires that Andringa pay $51,156.57 into the plan representing $28,536.18 in employee contributions, $14,180.64 in employer contributions, and $8,439.75 in related lost earnings.  In addition, the judgment requires that Andringa file all required Form 5500s, Annual Reports and Summary Annual Reports for plan years 2005 through 2009, as well as all plan participant benefit statement for plan years 2007 through 2009. 

The judgment also permanently enjoins Andringa from acting in any fiduciary capacity for an employee benefit plan subject to the Employee Retirement Income Security Act.

Court: US District Court for the District of Nebraska, Lincoln, Neb.

Docket Number: Solis v. Paul W. Andringa and Integrity Builders, Inc. and the Integrity Builders, Inc. 401(k) Safe Harbor Plan Lincoln, Neb.; 4:11-cv-03230

U.S. Department of Labor materials are accessible at www.dol.gov.  The information above is available in large print, Braille, audio tape or disc from the COAST office upon request by calling 202-693-7828 or TTY 202-693-7755.