Date of Action: October 1, 2014

Type of Action: Complaint

Name of Defendant: Holden Sand & Gravel, Joseph Montalto, fiduciary for the Holden Sand and Gravel SIMPLE IRA Plan

DALLAS – The U.S. Department of Labor has sued Eclipse Freight Systems Inc. and its owner Christopher L. McDougal in an effort to recover about $62,000 in employee retirement contributions. The department's lawsuit, filed in U.S. Northern District Court of Texas, Fort Worth Division, alleges that Mr. McDougal and his company violated the Employee Retirement Income Security Act of 1974 by using assets belonging to the employee retirement plan for the benefit of his business operations.

WASHINGTON — The U.S. Departments of Labor, Health and Human Services, and Treasury today published a final rule that adjusts regulations originally issued under the Health Insurance Portability and Accountability Act of 1996 regarding dental and vision benefits. The new rule also expands the definition of excepted benefits to include employee assistance programs.

WASHINGTON – The U.S. Department of Labor's Employee Benefits Security Administration today announced a proposed regulation that would require electronic filing of "top hat" plan statements, and apprenticeship and training plan notices.

Date of Action:  Sept. 22, 2014

Type of Action: Consent Judgment

Name(s) of Defendant(s): Nohl Crest Homes Corp., Kenneth R. Emery, Peter G. Tibma, and Nohl Crest Homes Corp. Employee Stock Ownership Plan and Jose Fernandez, Third Party Defendant

Date of Action: Sept. 22, 2014

Type of Action: Complaint, U.S. District Court for the Northern District of Indiana

Names of Defendant: Hanco Inc., doing business as Classico Seating, Harry T. Richardson Jr., the Hanco Inc. 401(k) Plan, the Hanco Inc. Health Plan and the Hanco Inc. Dental Plan

Date of Action: Sept. 16, 2014

Type of Action: Complaint

Name(s) of Defendant(s):  Gulf Shores Marina LLC, Laura M. Prioli, Stephen C. Main, and the GSM/RYS 401(k) Plan 

Date of Action: Sept. 9, 2015

Type of Action: Consent Judgment and Order

Defendants: American Materials Corp. and Donald J. Bercowetz

Date of Action: Sept. 11, 2014

Type of Action: Complaint

Name(s) of Defendants: Polar Dry Ice Inc. and Polar Dry Ice Inc. 401(k) plan

Allegations: Based on an investigation conducted by the U.S. Department of Labor’s Employee Benefits Security Administration, the Secretary of Labor filed a complaint alleging the following:

Date of Action: Sept. 10, 2014

Type of Action: Consent order and judgment

Name(s) of Defendant(s): David Kephart, Timothy Kephart, Kephart Trucking Co., and the Kephart Trucking Co. 401(k) plan

Allegations: Based on an investigation conducted by the U.S. Department of Labor’s Employee Benefits Security Administration, the Secretary of Labor filed a complaint alleging the following:

WASHINGTON — An open meeting of the Advisory Council on Employee Welfare and Pension Benefit Plans, also known as the ERISA Advisory Council, will take place Monday, Sept. 29, from 10 a.m. to 5 p.m. EDT. The council will discuss reports and recommendations on the issues of pharmacy benefit manager compensation and fee disclosure, outsourcing employee benefit plan services and facilitating lifetime plan participation.

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

Date of Action: Aug. 29, 2014

Type of Action: Complaint

Name(s) of Defendant(s): World Health Alternatives Inc. and World Health Alternatives Health and Welfare Benefits Plan

Allegations: Based on an investigation conducted by the U.S. Department of Labor’s Employee Benefits Security Administration, the Secretary of Labor filed a complaint alleging the following:

Date of Action: September 2, 2014

Type of Action: Consent Order and Judgment, U.S. District Court for the Eastern District of Wisconsin, Green Bay Division

Names of Defendant: Jane E. Lehman, Teletrans Services Inc., and Teletrans Services Inc. Savings and Retirement Plan

Date of Action: Aug. 29, 2014

Type of Action: Complaint

Names of Defendant: Perez v. PBI Bank Inc., Michael A. Evans, and AIT Laboratories Employee Stock Ownership Plan

Allegations: The suit alleges that the Plan’s trustee, PBI Bank Inc. and the plan sponsor’s Chief Executive Officer, Dr. Michael A. Evans, authorized the purchase of company stock for $90 million, an amount far higher than the stock’s fair market value. 

NEW YORK — The U.S. District Court for the Southern District of New York has appointed an independent fiduciary to administer an abandoned pension benefit plan, resolving a lawsuit filed by the U.S. Department of Labor.

NEW YORK – The U.S. District Court for the Southern District of New York has appointed an independent fiduciary to administer an abandoned pension benefit plan, resolving a lawsuit filed by the U.S. Department of Labor.

WASHINGTON — The U.S. Department of Labor has sued Kelly Bailey, owner of SCK Management Services Inc., doing business as PROS Rehabilitation, in an effort to recover approximately $136,484 in missing employee retirement contributions and approximately $24,464 in losses from appreciation accruing on those missing funds. The department's lawsuit, filed in U.S.

WASHINGTON — The U.S. Department of Labor today published a request for information on the use of brokerage windows, self-directed brokerage accounts and similar features in 401(k)-type plans. The RFI will appear in the Aug. 21 edition of the Federal Register and can also be viewed at https://federalregister.gov/a/2014-19832.

Date of Action: July 29, 2014

Type of Action: Consent Judgment and Order

Names of Defendants: Nickson’s Machine Shop Inc.; Dennis W. Leal; Nickson’s Machine Shop 401(k) Savings Plan