US Labor Department files complaint to restore funds to employee benefit plans of Replica Windows, Steuber & Morris Joiners in Oglesby, Ill.

Date of Action: Aug. 1, 2013

Type of Action: Complaint

Names of Defendants: William Morris, individually and as a fiduciary to the Steuber & Morris Joiners SIMPLE IRA Plan also known as the Replica Windows SIMPLE IRA Plan, and as a fiduciary to the Steuber & Morris Joiners Group Health Plan also known as the Replica Windows Group Health Plan; Steuber & Morris Joiners LLC, Replica LLC, Steuber & Morris Joiners SIMPLE IRA Plan also known as the Replica Windows SIMPLE IRA Plan and the Steuber & Morris Joiners Group Health Plan also known as the Replica Windows Group Health Plan.

Allegations: Morris and Replica LLC, in their capacities as fiduciaries to the SIMPLE IRA Plan, failed to ensure that participant contributions totaling $2,640.83 were remitted to the SIMPLE IRA Plan for the period between Sept. 24, 2010, and May 27, 2011. 

In addition, Morris and Steuber & Morris Joiners LLC, in their capacities as fiduciaries to the Group Health Plan, failed to ensure that participant health insurance premium contributions totaling $1,496.30 were remitted to the Group Health Plan for the period between June 5, 2009 and Aug. 28, 2009. Morris and Replica LLC, in their capacities as fiduciaries to the Group Health Plan, failed to ensure that participant health insurance premium contributions totaling $6,064.32 were remitted to the Group Health Plan for the period between Feb. 5, 2010, and June 24, 2011. 

Approximately nine employees of Steuber & Morris Joiners LLC and Replica LLC were impacted by the failure to forward these amounts to the SIMPLE IRA Plan and Group Health Plan. 

Resolution: The complaint seeks to order Morris, Steuber & Morris Joiners LLC, and Replica LLC to restore to the SIMPLE IRA Plan and Group Health Plan all principal amounts and lost earnings resulting from their fiduciary breaches and to correct prohibited transaction in which they engaged, to disgorge any profits received from those breaches, remove the defendants from their positions as fiduciaries with respect to the SIMPLE IRA Plan and Group Health Plan, and permanently enjoin the defendants from acting as fiduciaries or service providers to any ERISA-covered employee benefit plan in the future. 

Court: United States District Court, Northern District of Illinois, Eastern Division

Docket Number: 1:13-cv-05488

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.