SAVANNAH, Ga. – A judge has ordered former Savannah attorney Benjamin S. Eichholz and the Eichholz Law Firm P.C. to restore losses and interest to the firm’s retirement and pension plans. The order resolves a lawsuit filed by the U.S. Department of Labor, which was based on an investigation by the department’s Employee Benefits Security Administration. EBSA found that Eichholz and his former law firm breached their fiduciary responsibilities in violation of the Employee Retirement Income Security Act and caused losses to the plans in excess of $1 million.

Date of Action: Jan. 9, 2013

Type of Action: Consent judgment

Name(s) of Defendant(s): Richard Yanek, president, sole owner and trustee of the 401(k) plan, and Cardservice of Virginia Inc.

Date of Action: Dec. 28, 2012

Type of Action: Complaint

Name(s) of Defendant(s): The Hartford Construction Group, LLC and Travis M. Donnelly

Date of Action: Jan. 4, 2013

Type of Action: Consent order and judgment

Names of Defendants: Source HR, LLC and Austin R. Ritter

ROCKVILLE, Md. — The U.S. Department of Labor has sued Sun Control Systems Inc., the estate of former company president John Buckingham Sr., and current president Thomas Buckingham, to restore assets to the company’s three employee benefit plans. This follows an Employee Benefits Security Administration investigation that revealed alleged violations of the Employee Retirement Income Security Act.

Date of Action: Nov. 29, 2012

Type of Action: Complaint

Name of Defendant: Progressive Machine Co. Inc. 401(k) plan

Date of Action: Dec. 12, 2012

CHICAGO – A federal court in Chicago has ordered John Dombek III and John Dombek Jr. to restore a total of $69,521.31 in health care premiums and retirement plan contributions withheld from the paychecks of employees at several companies that are part of the JJD Industries Group in Schiller Park, Ill. The judgment resolves a lawsuit filed by the U.S. Labor Department based on the findings of an investigation by the department’s Employee Benefits Security Administration.

WASHINGTON – Secretary of Labor Hilda L. Solis today announced the appointments of five new members to the 2013 Advisory Council on Employee Welfare and Pension Benefit Plans – known as the ERISA Advisory Council. She also announced the incoming chair and vice chair of the council.

FAIRFAX, Va. – The U.S. Department of Labor has filed a lawsuit against Innovative Logistics Techniques Inc.

FAIRFAX, Va. – The U.S. Department of Labor has filed a lawsuit against Innovative Logistics Techniques Inc. for violating the Employee Retirement Income Security Act by failing to remit worker contributions and participant loan repayments to the company’s 401(k) plan.

WASHINGTON — The U.S Department of Labor's Employee Benefits Security Administration today announced a proposed rule and related class exemption that will make it easier for Chapter 7 bankruptcy trustees to distribute assets from bankrupt companies' retirement plans. The proposal would allow such trustees to use EBSA's existing Abandoned Plan Program to terminate, wind up and distribute benefits from such plans.

NEW YORK — The U.S. Department of Labor has filed a lawsuit to recover losses suffered by participants in the Rembar Inc. Employee Stock Ownership Plan after the plan allegedly was allowed to purchase overvalued company stock. The suit names as defendants Rembar owner and CEO Frank Firor and First Bankers Trust Services Inc., which was hired as an independent fiduciary and trustee in connection with the company's newly formed plan. The plan is also a defendant.

Marshfield, Wisconsin – The U.S. Department of Labor has recovered more than $140,000 for two employee benefit plans sponsored by B & K Builders Inc. of Marshfield. Pursuant to today's entry of a consent order and judgment by the court, the department has recovered $117,430.85 from the company and one of its co-owners, Kenneth Staab, to restore losses to the company's prevailing wage plan. This is in addition to more than $22,000 restored to the company's 401(k) profit-sharing plan in March.

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 2012 Form 5500 annual return/report and related instructions. These advance copies of the 2012 Form 5500 are for informational purposes only and cannot be used to file a 2012 Form 5500 annual return/report.

Date of Action: Nov. 30, 2012

Type of Action: Complaint

Names of Defendant: Brian Kirshner, Bennett W. Sipes, First Profit Sharing Plan and Trust of Sunset Heating and Cooling, Inc.

NEW YORK ‒ The U.S. Department of Labor has filed a lawsuit to recover losses suffered by participants in the Maran Inc. Employee Stock Ownership Plan after the plan was allowed to purchase overvalued company stock. The suit names as a defendant First Bankers Trust Services Inc., which was hired as an independent fiduciary and trustee in connection with the company’s ESOP to determine whether, and at what price, to purchase shares of Maran Inc. from majority shareholders. The ESOP is also a defendant.

Date of Action: Nov. 27, 2012

Name(s) of Defendant(s): Farmers & Merchants Trust Co. of Chambersburg, successor by merger to Community Trust Co.

WASHINGTON – The Assistant Secretary of Labor for Employee Benefits Security, Phyllis C. Borzi, today provided the following information about compliance with employee benefit plan rules for those adversely impacted by Hurricane Sandy:  

Washington – The Obama administration moved forward today to implement provisions in the health care law that would make it illegal for insurance companies to discriminate against people with pre-existing conditions. The provisions of the Affordable Care Act also would make it easier for consumers to compare health plans, and employers to promote and encourage employee wellness.