US Department of Labor files suit to recover more than $33,000 for employment benefits plan of Remodel King Construction in Rapid City, SD

Employment Benefits Plan of Remodel King Construction in Rapid City, SD

Date of Action: May 6, 2014

Type of Action: Complaint

Names of Defendant: Remodel King Construction Inc., Scott D. Sogge, Remodel King Construction Inc. SARSEP Plan

Allegations: The U.S. Department of Labor has filed a lawsuit to recover losses to the Remodel King Construction Inc. Salary Reduction Simplified Employee Pension Plan in Rapid City, S.D.  An investigation by the Employee Benefits Security Administration in Kansas City, Mo., revealed that from May 9, 2008, through Dec. 31, 2010, Remodel King Construction Inc. and Sogge, the company’s president and sole owner, withheld a total of $33,866.40, in earned wages from employees’ pay intended for contribution to the Remodel King Construction Inc. SARSEP Plan. Those funds were not forwarded to the retirement plan but used for non-plan purposes in violation of the Employee Retirement Income Security Act.

Resolution: The suit seeks a court order requiring Remodel King Construction Inc. and Sogge to restore to the plan all losses, including loss opportunity cost, and to bar Remodel King Construction Inc. and Sogge from violating ERISA in the future.

Court: U.S. District Court for the District of South Dakota, Western Division

Docket Number: 0:14-cv-5033

Employers and workers can reach EBSA’s Kansas City office at 816-285-1800 or toll-free at 866-444-3272 for help with problems relating 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.