August 23, 2012

US Department of Labor files complaint to recover loss insurance benefit premiums for workers of Translogic Auto Carriers LLC in Bad Axe, Mich.

Date of Action: Aug, 22, 2012

Type of Action: Complaint

Names of Defendant: Ricky N. Coley of West Bloomfield, Mich.

August 23, 2012

USI Advisors of Glastonbury, Conn., agrees to pay $1.27 million to 13 defined benefit pension plans following US Labor Department investigation

BOSTON – USI Advisors Inc. has agreed to pay $1,265,608.70 to 13 pension plans to resolve alleged violations of the Employee Retirement Income Security Act.

August 21, 2012

US Department of Labor files complaint to restore losses to Spencer & Associates LLC Profit Sharing and 401(k) Plan in Springfield, Ohio

Date of Action: Aug. 21, 2012

Type of Action: Complaint

Name(s) of Defendant: Bruce E. Spencer, Tannile Elizabeth Ortiz and Paul Olzeski, as fiduciaries to the Spencer & Associates, LLC Profit Sharing and 401(k) Plan.

August 20, 2012

US Labor Department investigation results in funds being restored to Family Mobile Medical Retirement Plan in Merrillville, Ind.

Date of Action: Aug. 10, 2012

Type of Action: Consent order and judgment

Names of Defendant: Ben Richmond, Family Mobile Medical Services, Inc., and the Family Mobile Medical Retirement Plan

Allegations: Richmond and Family Mobile Medical Services, Inc., in their capacity as fiduciaries to the Family Mobile Medical Retirement Plan, failed to ensure that $8,965.94, in employee contributions for the period of April 1, 2008, through Dec. 31, 2008, were forwarded to the plan.

August 20, 2012

The Department of Labor has obtained a judgment in Solis v. Jack A. Helmick involving the Dynamis Group LLC formerly of Shelbyville, KY.

Date of Action:  August 15, 2012

Type of Action:  Consent order and judgment

Names of Defendants: Jack A. Helmick, individually and as a fiduciary to the Dynamis Group 401(k) Profit Sharing Plan & Trust

August 20, 2012

US Labor Department sues to restore more than $34 million to 2 worker pension funds of Michigan-based vehicle parts manufacturer

WASHINGTON – The U.S. Department of Labor has sued to restore more than $34 million in assets to two retirement funds of Michigan-based vehicle parts manufacturer Metavation LLC that allegedly were used in violation of the Employee Retirement Income Security Act.

August 13, 2012

US Labor Department to host free retirement plan compliance assistance seminar for Charleston, SC, area small business owners Sept. 11

ATLANTA – The U.S. Department of Labor’s Employee Benefits Security Administration will host a retirement plan compliance assistance seminar in North Charleston, S.C., on Sept. 11. The seminar is designed to help small business owners understand their fiduciary responsibilities when operating private sector retirement plans. It is free and open to the first 100 registrants.

August 3, 2012

Department of Labor files complaint against Dayton Imaging Solutions, Inc., to recover unremitted employee contributions to company’s IRA Plan

Date of Action:  Aug. 3, 2012

Type of Action: Complaint

Names of Defendant:Dayton Imaging Solutions, Inc., Bryan Belden, and the Dayton Imaging Solutions, Inc. SIMPLE IRA Plan located in Dayton, Ohio.

August 2, 2012

US Department of Labor's ERISA Advisory Council to hold public meeting Aug. 28-30

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 Aug. 28-30 at Labor Department headquarters, 200 Constitution Ave. NW, Washington, D.C. 20210, in Room C5521-4. The meeting will run from 9 a.m. to approximately 5 p.m. on Aug. 28 and 29, and from 8:30 a.m. to approximately 4:30 p.m. on Aug. 30.

July 31, 2012

Solis v. Gary Merritt, Bemcore, Inc. and Bemcore, Inc. Incentive Plan in Dayton, Ohio

Date of Action: July 27, 2012

Type of Action: Complaint

Names of Defendants: Gary Merritt, as fiduciary to the Bemcore, Inc. Incentive Plan, Bemcore, Inc. and Bemcore, Inc. Incentive Plan in Dayton, Ohio

July 25, 2012

The Department of Labor obtains judgment to restore funds to employee benefit plans of Trotter Construction Company Inc. in Indianapolis, Ind.

Date of Action: July 20, 2012

Type of Action: Consent order and judgment

Names of Defendants: James H. Trotter, Sr.; Sylvia Trotter; Trotter Construction Company, Inc.; Trotter Development Group NC, LLC, and The Trotter Construction Company, Inc. 401(K) Plan, located in Indianapolis, Ind.

July 24, 2012

US Department of Labor files suit to recover losses to employee stock ownership plan of SJP Group

CLIFFWOOD BEACH, N.J. ‒ The U.S. Department of Labor has filed a lawsuit seeking to recover losses suffered by participants in the SJP Group Inc. Employee Stock Ownership Plan. The department’s suit is based on an investigation conducted by its Employee Benefits Security Administration that found violations of the Employee Retirement Income Security Act.

July 19, 2012

US Labor Department to hold women’s retirement forum July 28 at University of Illinois-Chicago

WASHINGTON – The U.S. Department of Labor’s Employee Benefits Security Administration will hold a free women’s retirement savings forum on Saturday, July 28, 10 a.m.–12:30 p.m. CDT, at the University of Illinois-Chicago, Student Center East Building, Illinois Room A, 750 S. Halsted St., Chicago, Ill. 60607. “What Every Woman Should Know About Retirement Savings and How to Make It Last” will be open to the public and the media.

July 18, 2012

US Labor Department action results in order to restore half a million dollars to worker retirement plans sponsored by Columbus, Ohio-based company

COLUMBUS, Ohio – In a lawsuit filed by the U.S. Department of Labor that followed an investigation by its Employee Benefits Security Administration, a federal judge has ordered the president of Columbus-based Clark Graphics, Mary Clark, to restore $505,551.46 to the company’s two employee retirement plans. Additionally, Marcia Dowdell, the president of Pension Retirement Planning who served as administrator for the plans, has been ordered to restore funds to both plans.

July 18, 2012

US Labor Department improves procedures for plan sponsors seeking relief under new fee disclosure rules

WASHINGTON – The U.S. Department of Labor's Employee Benefits Security Administration has announced improved procedures for plan sponsors who wish to obtain fiduciary relief for a service provider’s failure to comply with the department’s plan-level fee disclosure rule. http://webapps.dol.gov/FederalRegister/HtmlDisplay.aspx?DocId=26218&AgencyId=8&DocumentType=2

July 17, 2012

US Labor Department, Montana Office of the Commissioner of Securities and Insurance to offer health benefits law seminar July 25 and 26 in Billings, Mont.

SAN FRANCISCO ‒ The U.S. Department of Labor’s Employee Benefits Security Administration and the Montana Office of the Commissioner of Securities and Insurance will host a two-day health benefits laws compliance seminar in Billings, Mont., for small and mid-size employers, third-party administrators and insurers July 25 and 26. The seminar is designed to provide practical information, helpful tips and clarification regarding federal as well as state laws. The event is free, and interested parties are encouraged to register early.

July 12, 2012

Northbrook, Ill., United Employee Benefit Fund trustees agree to correct improper plan loans totaling more than $1.7 million

CHICAGO – To resolve a lawsuit filed by the U.S. Department of Labor, a federal judge in Chicago has signed a consent order between the United Employee Benefit Fund in Northbrook and the secretary of labor to amend the United Employee Benefit Fund’s governing documents so that they comply with requirements of the Employee Retirement Income Security Act and the Internal Revenue Code.

July 5, 2012

National Rural Electric Cooperative Association agrees to restore $27.3 million to benefit plans, settling US Labor Department claims

ARLINGTON, Va. ‒ The National Rural Electric Cooperative Association agreed to restore $27,272,727 to three association-sponsored employee benefit plans covered by the Employee Retirement Income Security Act. This agreement follows an investigation by the U.S. Department of Labor’s Employee Benefits Security Administration that found the association selected itself as a service provider to the plans, determined its own compensation and made payments to itself that exceeded NRECA’s direct expenses in providing services to the plans, in violation of ERISA.

June 18, 2012

Former CEO of defunct Southern California electrical contractor agrees to restore more than $570,000 in 401(k) funds to employees

LOS ANGELES – The U.S. Department of Labor has reached an agreement with the former president and CEO of Aliso Viejo-based Journey Electrical Technologies Inc., a defunct electrical contractor, to restore $570,983 to the company’s 401(k) plan. According to a partial consent judgment and order, Mark Dell Donne of San Clemente has agreed to restore $472,235 to the plan.

June 14, 2012

US Department of Labor obtains preliminary injunction against Matthew D. Hutcheson and Hutcheson Walker Advisors LLC

WASHINGTON — On June 13, the U.S. District Court for the District of Idaho granted the U.S. Department of Labor's motion for preliminary injunction against Matthew D. Hutcheson and Hutcheson Walker Advisors LLC. The court found that the department had "demonstrated the type of immediate and irreparable injury necessitating entry of a preliminary injunction."