US Labor Department obtains default judgment restoring employee contributions to retirement plan of Pottsville, Pa., nonprofit

Date of Action: Aug. 6, 2013

Name(s) of Defendant(s): Rape and Victim Assistance Center of Schuylkill County

Allegation: An investigation conducted by the U.S. Labor Department’s Employee Benefits Security Administration found that in 2009, the Rape and Victim Assistance Center of Schuylkill County in Pottsville, Pa., ceased operations and all its employees were terminated.   Additionally, it was found that the Center sponsored a retirement plan, which currently has five participants and approximately $10,854.89 in assets, and had not taken fiduciary responsibility for the operation and administration of the plan and its assets, nor had it appointed anyone to assume said responsibility on an ongoing basis.

The department filed a complaint on April 2, 2013, seeking the appointment of an independent fiduciary to terminate the plan and distribute its assets to the remaining plan participants.

Resolution: The default judgment removed the Rape and Victim Assistance Center of Schuylkill County as fiduciary and appointed Metro Benefits Inc. of Pittsburgh, Pa., as independent fiduciary to administer the plan and distribute the assets to the plan participants and beneficiaries before terminating the plan. 

Court: United States District Court for the Middle of Pennsylvania

Docket Number: 3:13-cv-00832-RDM

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.