US Department of Labor obtains judgment on behalf of Home Comp. Care Inc. Savings & Retirement Plan in Chicago

Date of Action: Sept. 2, 2014

Type of Action: Consent Order and Judgment

Names of Defendant: Dr. Anthony Alexander, Home Comp. Care Inc. Savings & Retirement Plan

Allegations: The U.S. Department of Labor filed a lawsuit on Jan. 27, 2014, in the U.S. District Court for the Northern District of Illinois to terminate and distribute the assets of the Home Comp. Care Inc. Savings & Retirement Plan in Chicago. The Department’s suit alleged that Dr. Anthony Alexander and the Home Comp. Care, Inc. Savings & Retirement Plan violated the Employee Retirement Income Security Act by failing to terminate the Plan, and distribute its assets to the participants and beneficiaries.

Resolution: Judge Harry D. Leinenweber of the U.S. District Court for the Northern District of Illinois entered a Consent Order and Judgment resolving the department’s suit with respect to Alexander, and the Plan. Pursuant to the Consent Order and Judgment, Alexander is immediately removed from his position as Plan Administrator and Trustee of the Plan, AMI Benefit Plan Administrators Inc.is appointed as the independent fiduciary for the Plan, and will terminate the Plan and distribute the assets consistent with the Plan’s governing documents.  The Consent Order and Judgment also requires Alexander to remit $2,735 for fees and expenses reasonably and necessarily incurred in administering and terminating the Plan.    

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

Docket Number: 1:14-cv-00666

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.

Employers and workers can reach Employee Benefits Security Administration 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.