January 15, 2010

U.S. Department of Labor sues Atlanta engineering company to bar owners from serving as employee benefit plan fiduciaries

Atlanta – The U.S. Department of Labor has sued Atlanta engineering company Williams-Russell & Johnson and two of its owners, Pelham C. Williams and Charles E. Johnson Sr., for failure to forward employee contributions and loan repayments in a timely manner to the company's 401(k) plan in violation of the Employee Retirement Income Security Act (ERISA).

January 15, 2010

U.S. Labor Department investigation results in defunct Memphis, Tenn., heating and air conditioning maintenance company being removed as plan fiduciary

Memphis, Tenn. – The U.S. Department of Labor has obtained a default judgment requiring that Stephens Brothers Inc. be removed as fiduciary of the former Memphis company's 401(k) plan.

The order, issued by the U.S. District Court for the Western District of Tennessee, found that Stephens Brothers Inc. violated provisions of the Employee Retirement Income Security Act (ERISA).

The judgment appoints an independent fiduciary to terminate the plan and distribute assets of approximately $692,000 to the plan participants.

January 14, 2010

U.S. Department of Labor to host fourth webcast on 2009 Form 5500 and electronic filing requirements

Washington – The U.S. Department of Labor's Employee Benefits Security Administration (EBSA) will host a free webcast January 21 to help employers, plan administrators and service providers prepare for changes to the Form 5500 and electronic filing requirement that begin with the 2009 plan year filings.

January 14, 2010

U.S. Department of Labor sues fiduciaries of former Raleigh, NC-based human resources company to restore employee health and 401(k) assets

Raleigh, N.C. – The U.S. Department of Labor's Employee Benefits Security Administration (EBSA) has sued fiduciaries of the former Raleigh-based Castleton Group to restore more than $500,000 in plan losses that resulted from violations of the Employee Retirement Income Security Act (ERISA).

January 13, 2010

U.S. Department of Labor sues administrators of Elk Grove, Illinois, company to recover former employees’ health care contributions

Elk Grove, Illinois – The U.S. Department of Labor has sued the former owners of Jet Fastener Corp. in Geneva and fiduciaries of the company’s health plan to recover employee health benefit contributions used to pay the company’s operating expenses.

January 13, 2010

U.S. Department of Labor issues final safe harbor rule on employee contributions to small pension and welfare plans

Washington – The U.S. Department of Labor today announced the publication of a final rule to protect employee contributions deposited to small pension and welfare benefit plans with fewer than 100 participants by providing a safe harbor period of seven business days following receipt or withholding by employers.

January 12, 2010

US Labor Department sues owners of bankrupt Aurora, Ill., trucking company to recover $3 million in unpaid employee medical claims

CHICAGO — The U.S. Department of Labor has sued the owners of bankrupt Mid-States Express Inc. of Aurora, Ill., for allegedly failing to protect the interests of the participants and beneficiaries in the company's 401(k) and health plans. The department's lawsuit alleges that Bruce Hartmann failed to disclose to employees that their medical bills were not likely to be paid, even as the company continued to take deductions from their paychecks for medical coverage.

January 11, 2010

U.S. Department of Labor sues defunct Clarks Summit, Pennsylvania, company to recover benefit plan assets

Clarks Summit, Pennsylvania – The U.S. Department of Labor has sued Dalton Mechanical Services Inc. and its president and co-owner, Scott Slocum, for failing to deposit employee contributions into the company’s employee benefit plan in violation of the Employee Retirement Income Security Act (ERISA).

January 8, 2010

U.S. Labor Department EFAST2 online filing system operational to receive and process Form 5500 filings

Washington – The U.S. Department of Labor’s Employee Benefits Security Administration (EBSA) converted to a total electronic system of online filing for the Forms 5500 and new the Form 5500-SF on December 31, 2009. Now the all-electronic EFAST2 system allows the public to submit and access filings online at www.efast.dol.gov.

January 7, 2010

U.S. Labor Department sues fiduciaries of Reno, Nevada, company to recover 401(k) assets

Reno, Nevada – The U.S. Department of Labor has obtained a bankruptcy court order in which the owners of Jeff Codega Planning & Design Inc. of Reno, Nevada, agreed to restore $35,864 owed to the company’s 401(k) profit-sharing plan.

January 6, 2010

U.S. Labor Department sues to appoint independent fiduciary for troubled construction contractor plans

New York – The U.S. Department of Labor has filed a lawsuit asking the U.S. District Court for the Eastern District of New York to appoint an independent fiduciary to oversee an entity called the Contractors Benefit Trust (CBT), which has control over several dozen employee benefit plans established by construction industry employers in the New York City and Long Island areas.

January 5, 2010

U.S. Labor Department sues fiduciary of ERISA-covered plan sponsored by Lansing, Michigan-based company

Lansing, Michigan – The U.S. Department of Labor has sued an officer and fiduciary to the retirement plan of the Popoff Meat Co. in Lansing for improperly using plan assets withheld from employees’ paychecks for the benefit of the company, in violation of the Employee Retirement Income Security Act (ERISA).

December 28, 2009

U.S. Labor Department publishes 2009 Form M-1 for multiple employer welfare arrangements

Washington – The U.S. Department of Labor’s Employee Benefits Security Administration (EBSA) today announced the availability of the 2009 Form M-1 annual report for multiple employer welfare arrangements (MEWAs). Plan administrators may use EBSA’s online filing system to expedite processing of the form.

December 23, 2009

U.S. Labor Department obtains judgment against former West Palm Beach, Florida, ceramic tile contractor to restore funds to company’s pension plan

West Palm Beach, Florida – A federal court in West Palm Beach, Florida, has approved a consent judgment between the U.S. Department of Labor and officers of Bonnie Tile Corp. to restore funds to the company’s savings incentive match plan for employees individual retirement account (SIMPLE IRA) plan.

December 23, 2009

U.S. Labor Department sues former president of Phezer Enterprises to recover former workers’ health care contributions

Crystal Lake, Illinois – The U.S. Department of Labor has filed an adversary complaint against Joseph Phelan, former president and fiduciary of Phezer Enterprises Inc. of Crystal Lake, in order to prevent the discharge of $10,470 from his personal bankruptcy, which is owed to the company’s employee health plan.

December 22, 2009

U.S. Department of Labor sues to protect participants of 401(k) profit-sharing plan

Englewood Cliffs, N.J. – The U.S. Department of Labor has filed a lawsuit to obtain the appointment of an independent fiduciary to oversee the 401(k) profit-sharing plan of defunct Collective Communications. The company's last known address was 375 Sylvan Ave. in Englewood Cliffs.

December 21, 2009

U.S. Labor Department sues defunct Bangor, Maine, company and owner to recover misused assets of employee SIMPLE IRA plan

Boston – The U.S. Department of Labor has sued defunct Northern Log Homes Inc., formerly based in Bangor, Maine, and former owner Michael Hartt, for allegedly misusing more than $9,000 in assets of the company’s savings incentive match plan for employees individual retirement account (SIMPLE IRA) established for the company’s employees.

December 18, 2009

U.S. Labor Department sues to appoint independent fiduciary for 401(k) plan abandoned by Rochester, NY, employer

New York – The U.S. Department of Labor has filed a lawsuit asking the U.S. District Court for the Western District of New York to appoint an independent fiduciary to oversee the abandoned 401(k) plan of defunct Project Solutions Inc. of Rochester, N.Y.

December 17, 2009

U.S. Labor Department to host workshop in Oxon Hill, Md., to help Americans chart retirement finances

Washington – The U.S. Department of Labor's Employee Benefits Security Administration (EBSA) will host a free retirement planning workshop on Jan. 13, 2010, at the Oxon Hill Public Library in Oxon Hill, Md., to help the public understand how much they will need for a financially secure retirement and ways to close the retirement savings gap. Department of Labor representatives will be joined by a representative from the Social Security Administration.

December 17, 2009

U.S. Department of Labor obtains consent judgment with president of defunct western Pennsylvania company to restore assets to 401(k) plan

Pittsburgh – The U.S. Department of Labor's Employee Benefits Security Administration (EBSA) has obtained a consent agreement with Patrick P. Bane, president of defunct Comtel Communications Inc., requiring him to restore employee contributions owed to the company's 401(k) plan.

The consent order, issued by the U.S. District Court for the Western District of Pennsylvania, requires the defendant to restore $13,651.18 to the 401(k) plan and removes him as trustee of the plan.