Independent fiduciary appointed to distribute assets of abandoned Specialty Staff Inc. 401(k) Plan in Carmel, Ind.

Specialty Staff Inc. 401(k) Plan in Carmel, Ind.

Date of Action: Dec. 5, 2013

Type of Action: Judgment

Names of Defendants: Theresa A. Hellman and Robin M. Polin, individually and as fiduciaries of the Specialty Staff, Inc. 401(k) Plan; Specialty Staff, Inc.; and the Specialty Staff, Inc. 401(k) Plan located in Carmel, Ind.

Allegations: As fiduciaries of the Plan, Defendants Specialty Staff, Inc., Hellman, and Polin did not assure that the Plan was properly administered.  Annual Reports Form 5500 were not timely filed, administrative expenses on behalf of the Plan were not paid, and no actions were taken to ensure the affairs of the Plan were properly administered after Specialty Staff, Inc. ceased doing business in or around December 2010.

As of Sept.13, 2012, the records maintained by the Plan’s asset custodian showed that the Plan had 13 participants with assets totaling $44,044.23.

Resolution: The Department of Labor filed a motion seeking a default judgment against Hellman, Specialty Staff, Inc., and the Specialty Staff, Inc. 401(k) Plan for failing to file an answer to the Secretary’s complaint that was filed on July 2, 2013.  Service of Process was effectuated on Hellman, Specialty Staff, Inc., and the Specialty Staff, Inc. 401(k) Plan on Aug. 26, 2013. The time to file an answer expired and Hellman, Specialty Staff, Inc.; and the Specialty Staff, Inc. 401(k) Plan failed to reply.  On Nov. 20, 2013 the United States District Court for the Southern District of Indiana entered an order of Default. 

Defendant Robin Polin was properly served and responded to the complaint.  The Regional Solicitor’s Office filed a motion for a Judgment on the Pleadings on Nov. 26, 2013.  On Dec. 5, 2013, the Court granted the Secretary’s Motion and ordered Specialty, Hellman, and Polin removed as fiduciaries of the Plan, barred them from being a fiduciary or service provider to any ERISA covered plan and enjoined then from violating ERISA.  AMI Benefit Plan Administrators of 100 Terra Bella Drive Youngstown, Ohio 44505 was appointed the Plan’s Independent Fiduciary.

Court: United States District Court for the Southern District of Indiana

Docket Number: 1:13-cv-01056

Employers and workers can reach EBSA toll-free at 866-444-3272 for help with problems related to private sector retirement and health plans.  Additional information can be found at www.dol.gov/ebsa.

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.