Judge orders Replica Windows, Steuber & Morris Joiners in Oglesby, Ill., and William Morris to restore losses to employee benefit plans

Date of Action: April 17, 2014

Type of Action: Default Judgment

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 default judgment removes Morris, Steuber & Morris Joiners LLC, and Replica LLC from their positions as fiduciaries to the SIMPLE IRA Plan; permanently enjoins Morris, Steuber & Morris Joiners LLC, and Replica LLC from violating ERISA or acting as fiduciaries or service providers to ERISA-covered plans; requires Morris and Steuber & Morris Joiners LLC to pay the Group Health Plan participants $1,749.63 in unremitted health insurance premiums and lost opportunity costs; requires Morris and Replica LLC to pay the Group Health Plan participants $6,787.65 in unremitted health insurance premiums and lost opportunity costs; and requires Morris and Replica LLC to pay the SIMPLE IRA Plan participants $2,999.11 in unremitted retirement plan contributions and lost opportunity costs.

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.