US Labor Department sues Colorado alarm monitoring company, CEO and fiduciary to recover $82K in missing retirement, health plan contributions

Date of Action: Jan. 6, 2017

Type of Action: Lawsuit to recover missing retirement and health plan funds

Name of Defendant(s): Central Security Communications Inc.
Chief Executive Officer Robert Millikin
Fiduciary Howard Klinger

Allegations: The U.S. Department of Labor has filed a complaint in the U.S. District Court of Colorado against Central Security Communications Inc., CEO Robert Millikin and fiduciary Howard Klinger to restore more than $82,000 owed to the Greeley, Colorado-based company’s retirement and health plans, as well as additional lost income. The department’s lawsuit asserts that the security and alarm monitoring company, Millikin and Klinger violated the Employee Retirement Income Security Act of 1974 by not making employee retirement contributions and health insurance premiums to the employee retirement and health plans. The lawsuit also alleges the defendants did not collect delinquent outstanding loan repayments owed to the retirement plan.

Resolution: The department seeks a court order that would:

• Require the company, Millikin and Klinger to restore all plan losses with interest.
• Appoint an independent fiduciary to administer the plans.
• Bar Millikin and Klinger from serving as fiduciaries to any employee benefit plan.

Quote: “Central Security Communications and its fiduciaries had a duty to manage and protect the employees’ benefit plans and their assets, yet they failed to do so,” said Mark Underwood, acting director of the Kansas City Regional Office of the department’s Employee Benefits Security Administration. “The department will take every action necessary to restore plan assets that were not preserved properly for the company’s workers.”

Additional Information: 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 http://www.dol.gov/ebsa/.

Court: U.S. District Court of Colorado

Docket Number: 1:17-cv-00054