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. 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.

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

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.

WASHINGTON — Due to a postponement caused by Hurricane Sandy, the final meeting of the year of the Advisory Council on Employee Welfare and Pension Benefit Plans, known as the ERISA Advisory Council, has been rescheduled for Nov. 26-27 at U.S. Department of Labor locations in Washington, D.C. 20210.

NEW YORK — The U.S. Department of Labor today announced a settlement that includes the payment of nearly $220 million to compensate employee benefit plans and other investors that suffered losses through investments in Bernard L. Madoff's Ponzi scheme. The settlement is pending approval by the U.S. District Court for the Southern District of New York and resolves department litigation, actions brought by New York's attorney general, and several private lawsuits and class actions brought on behalf of plans and other investors that invested with Madoff.

Date of Action: Oct. 11, 2012

Name(s) of Defendant(s): Shawn Hedgspeth, Smart Technology Inc. and the Smart Technology 401(k) plan

Allegations: In 2005, Smart Technology Inc., an Annandale, Va.,-based company, established a 401(k) plan for its employees.  An investigation conducted by the U.S. Department of Labor’s Employee Benefits Security Administration found that the company failed to remit employee contributions to the plan from 2007 through 2009.

Date of Action: Oct. 24, 2012

Name(s) of Defendant(s): J.M. Singley & Associates Inc.

Date of Action: Oct. 24, 2012

Name(s) of Defendant(s): J.M. Singley & Associates Inc.

Date of Action: Oct. 23, 2012

Type of Action: Complaint

Name of Defendants: Timothy Masek and Grand Craft, LLC as fiduciaries to the Grand Craft, LLC 401(k) Plan

Allegations: Timothy Masek and Grand Craft, LLC as fiduciaries to the Grand Craft, LLC 401(k) Plan