December 19, 2014

EBSA News Release: Obama administration publishes proposed rule on excepted benefits [12/19/2014]

WASHINGTON — The U.S. Departments of Labor, Health and Human Services, and Treasury are seeking public comment on proposed rules that would amend the definition of excepted benefits to include certain limited wraparound coverage.

December 15, 2014

EBSA News Release: Appointees to ERISA Advisory Council announced by US Department of Labor [12/15/2014]

WASHINGTON — U.S. Secretary of Labor Thomas E. Perez today announced the appointment of five new members to the 2015 Advisory Council on Employee Welfare and Pension Benefit Plans — also known as the ERISA Advisory Council. He also announced the incoming chair and vice chair of the council.

December 15, 2014

Advance copies of 2014 Form 5500 and 5500-SF, final copy of 2014 Form M-1 released by US Labor Department

WASHINGTON – The U.S. Department of Labor's Employee Benefits Security Administration, the Internal Revenue Service, and the Pension Benefit Guaranty Corporation today released advance informational copies of the 2014 Form 5500 annual return/report and related instructions.

December 8, 2014

EBSA News Release: Fiduciaries of national multi-employer benefit plan based in Cherry Hill, N.J., ordered to pay $4.7 million in assets and interest [12/08/2014]

CHERRY HILL, N.J. — A federal judge has found the fiduciaries of a defunct national multi-employer benefit plan based in Cherry Hill, are liable for approximately $4.7 million in assets that were improperly diverted. James Doyle and Cynthia Holloway, fiduciaries to the Professional Industrial Trade Workers Union Health and Welfare Fund, must make restitution to the plan, with interest, for violating the Employee Retirement Income Security Act.

December 1, 2014

U.S. Department of Labor files complaint to remove fiduciaries of Rose Business Forms Company’s employee benefit plans

Date of Action: Nov. 25, 2014

Type of Action: Complaint

Names of Defendant: William Robin Rose and Rose Business Forms Company d/b/a Rose Printing Services, Inc., as fiduciaries to the Rose Printing Services Inc. Employees 401(k) Retirement Savings Plan, Rose Printing Services Inc. Employees Health Plan and Rose Printing Services Inc. Employees Dental Plan in Fowlerville, Michigan

November 20, 2014

US Labor Department obtains consent judgment restoring more than $475,000 to 401(k) plan of Wilmington, Delaware, construction company

Date of Action: Nov. 19, 2014

Type of Action: Consent Judgment

Name(s) of Defendant(s): Frank Robino Companies LLC, Michael Stortini, Paul Robino and Barbara Becker-Graham

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 on May 29, 2014, alleging:

November 14, 2014

US Department of Labor announces public hearing on Credit Suisse

WASHINGTON — The U.S. Department of Labor will hold a public hearing in January on whether, and under what conditions, affiliates of Credit Suisse should be permitted to serve as Qualified Professional Asset Managers after Credit Suisse's guilty plea to one count of conspiracy to engage in tax fraud in violation of section 7206(2) of the Internal Revenue Code.

November 7, 2014

Interim final rule making Form 5500 changes required by the CSEC Act published by US Labor Department

WASHINGTON – The U.S. Department of Labor's Employee Benefits Security Administration today published in the Federal Register an interim final rule to implement Form 5500 annual reporting changes for multiple employer plans required by the Cooperative and Small Employer Charity Pension Flexibility Act, enacted on April 7.

November 6, 2014

US Labor Department achieves restoration of nearly $2M in health benefits for welfare benefit plan clients of Cox Enterprises Inc.

WASHINGTON – The U.S. Department of Labor has secured a nearly $2 million correction by Cox Enterprises Inc. after the Atlanta, Georgia-based company violated the Employee Retirement Income Security Act. Cox placed annual limits on the dollar amount of benefits that participants and beneficiaries of adult preventive care could claim in plan years 2011, 2012 and 2013. The law prohibits companies from placing annual limits on health benefits.

November 4, 2014

EBSA News Release: US Labor Department files suit against fiduciaries of Wheeling, West Virginia, retirement plans [11/04/2014]

PITTSBURGH — The U.S. Department of Labor has filed a lawsuit to protect participants in the Wheeling Corrugating Company Retirement Security Plan and the Salaried Employees' Pension Plan of Severstal Wheeling Inc. The department seeks to correct fiduciary breaches by the plans' investment manager and plan administrator, which caused the plans to sustain losses and lost earnings in excess of $7 million.

October 31, 2014

EBSA News Release: Trustees and owner of DirecTV installer ordered to restore more than $6.48M to pension plans [10/31/2014]

MERIDIAN, Miss. — Following a 19-day trial, a U.S. District Court judge has issued a judgment and order requiring fiduciaries to pay more than $6.48 million to the two employee stock ownership plans sponsored by Bruister and Associates Inc. The order stems from a lawsuit filed by the U.S. Department of Labor in U.S. District Court for the Southern District of Mississippi, Northern Division, alleging that the fiduciaries caused the plans to pay too much for BAI stock.

October 31, 2014

More than $66,000 to be restored to AAR Inc. 401(k) Plan in Newark, California, under consent judgment obtained by US Labor Department

Date of Action:  Oct. 28, 2014

Type of Action: Consent Judgment and Order

Names of Defendants: All American Rentals Inc., Michael Carter, and the AAR Inc. 401(k) Plan

October 31, 2014

US Labor Department sues metal and wood fabrication company in Reading, Pennsylvania, to restore employee contributions to retirement plan

Date of Action: Oct. 29, 2014

Name(s) of Defendant: David Braunsberg, Quality Control Pattern & Model Inc. and Quality Control Pattern & Model Inc. SIMPLE IRA

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:

October 29, 2014

U.S. Department of Labor sues Spartan Roofing Company Inc. to distribute more than $397,300 of profit sharing plan assets following investigation

Date of Action: Oct. 23, 2014

Type of Action: Complaint Filed

Name of Defendant: Spartan Roofing Company Inc. and the Spartan Roofing Company Inc. Profit Sharing Plan in Lansing, Michigan

Allegations: Spartan Roofing Company Inc. failed to formally terminate the Spartan Roofing Company Inc. Profit Sharing Plan and process distributions to employees who were entitled to their retirement benefits in the Plan, in violation of the Employee Retirement Income Security Act of 1974. As of June 27, 2014, the Plan had 13 participants and assets totaling $397,369.23.

October 22, 2014

EBSA News Release: ERISA Advisory Council to hold public meeting Nov. 3-4 [10/22/2014]

WASHINGTON — The U.S. Department of Labor's Advisory Council on Employee Welfare and Pension Benefit Plans, also known as the ERISA Advisory Council, will meet Monday, Nov. 3, and Tuesday, Nov. 4. The two-day meeting will take place at the U.S. Department of Labor, 200 Constitution Ave. NW, Washington, DC 20210. On Nov. 3, the meeting will take place in C-5320, Room 6, from 1 p.m. to 5 p.m. EST. On Nov. 4, the meeting will take place from 8:30 a.m. to approximately 4 p.m.

October 21, 2014

Judge orders fiduciary to restore $53,287 to Industrial Surfacing Corp. 401(k) Plan in Urbana, Illinois

Date of Action: October 10, 2014

Type of Action: Default Judgment

Name of Defendant: Rodger D. Ferguson, Industrial Surfacing Corp., Industrial Surfacing Corp 401(k) Plan

October 8, 2014

US Department of Labor files suit to restore losses to employee benefit plan of Raydar Inc. in Odon, Indiana

Date of Action: October 8, 2014

Type of Action: Complaint

Name of Defendant: Raydar Inc., formerly known as Raydar & Associates Inc., Raydar & Associates Inc. Safe Harbor 401(k) Plan

October 7, 2014

US Labor Department files suit to restore losses to South Portland, Maine, retirement plan

Date of Action: October 6, 2014

Type of Action: Complaint

Name of Defendant: H.C. Watson Corp., doing business as Interim HealthCare, James C. Watson and Melissa Moore

October 6, 2014

EBSA News Release: US Labor Department sues Dallas area freight transportation services to recover $62,000 in missing retirement contributions [10/06/2014]

WASHINGTON — 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.