November 1, 2010

US Department of Labor sues owner of defunct Rhineland, Mo., company for misusing employee contributions to pay operating expenses

RHINELAND, Mo. – The U.S. Department of Labor has sued the owner of defunct Lensing Earthworks Inc. of Rhineland for allegedly paying operating expenses using employee contributions to the company’s savings incentive match plan for employees individual retirement accounts.

November 1, 2010

US Labor Department recovers nearly $440,000 for union employee benefit plans from current and former trustees of the plans

PROVIDENCE, R.I. – The current and former trustees of several retirement, health and welfare plans of the International Brotherhood of Electrical Workers Local Union No. 99 in Cranston, R.I., were ordered to repay $439,755.62 to the plans as restitution for violating the Employee Retirement Income Security Act, according to a consent order and judgment obtained by the U.S. Department of Labor.

October 28, 2010

US Labor Department sues president of defunct Dover, Del., printing company for failing to forward employee contributions to 401(k) plan

DOVER, Del. – The U.S. Department of Labor has sued David Owen, the former president of defunct Owen Printing Dover Inc., for failure to remit employee contributions to the company’s 401(k) plan in violation of the Employee Retirement Income Security Act.

October 21, 2010

US Labor Department proposes rule defining 'fiduciaries' of employee benefit plans

Washington – The U.S. Department of Labor's Employee Benefits Security Administration today announced a proposed rule to update the definition of "fiduciary" to more broadly define the term as a person who provides investment advice to plans for a fee or other compensation.

October 21, 2010

US Department of Labor sues New York-based investment managers and advisors over plan investments with Bernard Madoff

New York – The U.S. Department of Labor has sued Beacon Associates Management Corp., Andover Associates Management Corp., Ivy Asset Management LLC, J.P. Jeanneret Associates Inc. and the principals of the four companies for causing dozens of pension, health and other employee benefit plan clients to lose hundreds of millions of dollars through investments with Bernard L. Madoff and his firm.

October 21, 2010

US Department of Labor and AICPA sponsor website highlighting small business retirement solutions

Washington – The U.S. Department of Labor and the American Institute of Certified Public Accountants today launched a new, interactive website to help small businesses select a retirement plan suitable for their employees.

The website, "Choosing A Retirement Solution for Your Small Business" – available at http://www.choosingaretirementsolution.org. – was jointly developed and is co-sponsored by the Labor Department's Employee Benefits Security Administration and the AICPA.

October 20, 2010

Assistant Secretary of Labor Phyllis C. Borzi to discuss proposed regulation amending definition of ‘fiduciary’

WASHINGTON – Phyllis C. Borzi, assistant secretary of the U.S. Department of Labor’s Employee Benefits Security Administration, will hold an Oct. 21 conference call with members of the media to discuss a proposed rule to amend the regulatory definition of the term “fiduciary” under section 3(21) of the Employee Retirement Income Security Act. The proposed amendment would better reflect the current practices of investment advisers and the expectations of plan officials and participants who receive investment advice.

October 19, 2010

U.S. Department of Labor’s ERISA Advisory Council to meet Nov. 3-4, 2010

WASHINGTON – The Advisory Council on Employee Welfare and Pension Benefit Plans – known as the ERISA Advisory Council – will meet Nov. 3-4, at the U.S. Department of Labor, 200 Constitution Ave. NW, Room C-5515-1A, in Washington, D.C.

October 18, 2010

Judge orders executive of Ohio-based Three Rivers Option Care to repay more than $78,000 to employee SIMPLE IRA plan after US Labor Department investigation

COSHOCTON, Ohio – A federal district court in Columbus, Ohio, has entered a consent order and judgment requiring Barbara Elise Miller, an executive of Three Rivers Option Care in Coshocton, to repay $78,562.81 in employee contributions and lost opportunity costs to the participants and beneficiaries of the company’s savings investment match plan for employees individual retirement account plan. The judgment follows an investigation conducted by the U.S. Department of Labor into alleged violations of the Employee Retirement Income Security Act.

October 14, 2010

US Labor Department issues final rule to improve transparency of fees and expenses to workers with 401(k)–type retirement plans

WASHINGTON — The U.S. Department of Labor’s Employee Benefits Security Administration today announced a final rule to give the estimated 72 million participants covered by 401(k)-type retirement plans greater information regarding the fees and expenses associated with their plans in order to better manage their retirement savings.

October 14, 2010

US Labor Department obtains appointment of fiduciary to manage abandoned 401(k) plan of defunct Missouri company

KANSAS CITY, Mo. – A federal district court in Missouri has appointed the law firm of Spencer Fane Britt & Brown LLP of Overland Park, Kan., to manage the abandoned Lone Wolf Enterprises 401(k) Profit Sharing Plan, wind down the affairs of the plan and distribute its assets to eligible participants and service providers, according to a consent decree obtained by the U.S. Department of Labor.

October 13, 2010

US Labor Department sues to appoint independent fiduciary for 401(k) plan abandoned by Medford, Mass., employer

BOSTON – The U.S. Department of Labor has filed a lawsuit in the U.S. District Court for the District of Massachusetts seeking the appointment of an independent fiduciary to oversee the abandoned 401(k) plan of defunct Accurate Paving Inc., formerly located in Medford, Mass.

October 6, 2010

US Labor Department obtains court-appointed independent fiduciary for 401(k) plan of defunct Shelton, Conn., company

NEW HAVEN, Conn. – The U.S. Department of Labor has obtained a court order appointing an independent fiduciary to manage the 401(k) plan of defunct Miller Agency Inc. of Shelton, Conn.

October 5, 2010

US Labor Department obtains court order for defunct Ohio-based Stover Industries owner to repay more than $16,700 to beneficiaries of 401(k) plan

DELAWARE, Ohio – A federal district court in Columbus, Ohio, has entered a consent order and judgment requiring Carl Stover, the owner and president of Stover Industries Inc. in Delaware, Ohio, to pay $16,729 for employee contributions and lost opportunity costs to the participants and beneficiaries of the company’s 401(k) plan. The judgment is based on an investigation conducted by the U.S. Department of Labor’s Employee Benefits Security Administration.

September 29, 2010

US Labor Department sues to restore more than $920,000 diverted from California-based Journey Electrical Technologies Inc. 401(k) plan

LOS ANGELES – The U.S. Department of Labor has sued executives of Journey Electrical Technologies Inc. of Laguna Hills, Calif., for allegedly failing to collect more than $920,000 in employee and employer contributions owed to the company’s 401(k) plan in violation of the Employee Retirement Income Security Act.

September 23, 2010

US Labor Department obtains court-appointed independent fiduciary for 401(k) plan abandoned by Rowley, Mass., employer

BOSTON – The U.S. Department of Labor has obtained a court order appointing an independent fiduciary to manage the abandoned 401(k) plan of defunct VIPswitch Inc. of Rowley, Mass.

September 18, 2010

Judge orders executive of Ohio-based Three Rivers Option Care to repay more than $78,000 to employee SIMPLE IRA plan after US Labor Department investigation

COSHOCTON, Ohio – A federal district court in Columbus, Ohio, has entered a consent order and judgment requiring Barbara Elise Miller, an executive of Three Rivers Option Care in Coshocton, to repay $78,562.81 in employee contributions and lost opportunity costs to the participants and beneficiaries of the company’s savings investment match plan for employees individual retirement account plan. The judgment follows an investigation conducted by the U.S. Department of Labor into alleged violations of the Employee Retirement Income Security Act.

September 16, 2010

U.S. Department of Labor’s ERISA Advisory Council to hold Oct. 4 teleconference

WASHINGTON – The Advisory Council on Employee Welfare and Pension Benefit Plans (known as the ERISA Advisory Council) will convene by teleconference Oct. 4 to discuss reports and recommendations on topics to be submitted to the Secretary of Labor.

The council meeting will be held from Noon to 5:00 p.m. EDT, to discuss reports and recommendations for the Secretary of Labor on topics under study by the group. The advisory council meeting is open to the public.

September 13, 2010

Owner of Los Angeles-based Amadeus Salon indicted for embezzlement of retirement plan assets

LOS ANGELES – The U. S. Department of Labor’s Employee Benefits Security Administration today announced that the owner of a Pasadena spa and salon has been indicted on federal charges that he embezzled thousands of dollars from his employees’ 401(k) profit-sharing plan.

September 8, 2010

US Labor Department obtains judgment restoring nearly $18,000 to Clinton, Md., retirement plan

CLINTON, Md. — The U.S. Department of Labor has obtained a consent judgment ordering Walton Mechanical Service Inc. and its president, David A. Walton Jr., to restore $17,378 to the company’s SIMPLE IRA Plan.