March 9, 2009

U.S. Labor Department sues to appoint independent fiduciary for 401(k) plan abandoned by Rochester, New York, 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 Bonnie Optical Inc. of Rochester, New York.

March 6, 2009

U.S. Labor Department settlement with Memphis, Tennessee, pension consultants provides restitution of fees and reforms for arrangements with plan clients

Atlanta – The U.S. Department of Labor has obtained a settlement agreement with Consulting Services Group (CSG) of Memphis, Tennessee, and its affiliated broker-dealer providing for restitution to plan clients as well as implementation of reforms and disclosures on compensation and fee arrangements with plan clients in the future. CSG already has paid $277,802.78 and agreed to pay a $27,780 in civil penalty.

March 2, 2009

U.S. Department of Labor sues owner of defunct Hillsboro, Oregon, company to recover more than $147,000 in 401(k) retirement contributions

Portland, Oregon – The U.S. Department of Labor has sued Hans Van der Meer, president and owner of the defunct Parati Co. Inc. of Hillsboro, Oregon, a civil engineering company, to recover more than $147,679 in employee contributions owed to the company’s 401(k) retirement plan.

March 1, 2009

U.S. Labor Department asks court to distribute profit-sharing plan assets of closed Chesterfield, Michigan, company

Chesterfield, Michigan – The U.S. Department of Labor has filed a lawsuit in federal district court in Detroit, Michigan, to obtain appointment of an independent fiduciary to terminate the profit-sharing trust of Constitution Mold & Engineering Inc. (CME) and distribute its assets to eligible plan participants. CME was formerly a business operated in Chesterfield.

February 26, 2009

Note to Editors:

Washington - The U.S. Department of Labor’s Employee Benefits Security Administration (EBSA) today published information to help employers, workers and their families understand the COBRA stimulus provisions under the American Recovery and Reinvestment Act of 2009.

February 24, 2009

U.S. Department of Labor sues closed Seatoma Convalescent Center to give 401(k) participants access to almost $14,000 in retirement funds

Seattle – The U.S. Department of Labor has sued Seatoma Convalescent Center of Des Moines, Washington, to give workers access to nearly $14,000 in profit-sharing trust assets. The nursing home facility allegedly failed to fulfill its fiduciary duties to participants covered by the plan.

February 23, 2009

U.S. Department of Labor sues former officer of SCT Yarns for violating ERISA rules

Atlanta – The U.S. Department of Labor has sued Tim J. Manson III for violating provisions of the Employee Retirement Income Security Act (ERISA).

Filed in the U.S. District Court for the Eastern District of Tennessee, the lawsuit alleges that the defendant failed to exercise due diligence when he appointed Kenneth Combs as trustee for the Standard Coosa Thatcher (SCT) Yarns pension plans.

February 13, 2009

U.S. Department of Labor sues former Cookeville, Tennessee, firm to give 401(k) participants access to retirement funds

Atlanta – The U.S. Department of Labor has sued Renewable Resources Inc. of Cookeville, Tennessee, for failing to fulfill its fiduciary duties to participants covered by the Renewable Resources Inc. Profit Sharing Plan and Trust.

February 12, 2009

U.S. Department of Labor sues to appoint independent fiduciary for former Atlanta general contractor’s 401(k) profit-sharing plan

Atlanta – The U.S. Department of Labor has sued A.L. Johnson Co. and its chief executive officer, Artis L. Johnson, to appoint a new independent fiduciary of the company’s 401(k) profit-sharing plan and recover more than $60,171 in assets.

The lawsuit, filed in the U.S. District Court for the Northern District of Georgia, alleges that the defendants violated the Employee Retirement Income Security Act (ERISA) in 2003, 2004 and 2005.

February 12, 2009

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

Mokena, Illinois – The U.S. Department of Labor has sued the chief executive officer and fiduciary to the retirement plan of TMG National Holdings for improperly using plan assets withheld from employees’ pay for the benefit of the company and other violations of the federal Employee Retirement Income Security Act (ERISA).

February 11, 2009

U.S. Department of Labor sues defunct Herndon, Virginia, company to protect participants of 401(k) profit-sharing plan

Herndon, Virginia – The U.S. Department of Labor has sued Answers Inc. and 401(k) trustee Cynthia Chambliss to obtain appointment of an independent fiduciary to manage the plan. Answers Inc. is a defunct company formerly located in Herndon that operated under the names Answer Transit Services LLC and Answer Transit Services Corp.

February 10, 2009

Employee Benefits Security Administration Releases Field Assistance Bulletin on New Annual Funding Notice Requirements

Washington - The U.S. Department of Labor’s Employee Benefits Security Administration (EBSA) today released Field Assistance Bulletin (FAB) 2009-01 concerning new disclosure requirements mandated by the Pension Protection Act of 2006 (PPA).

February 9, 2009

U.S. Department of Labor sponsors free February 19 webcast on 2009 Form 5500 and electronic filing

Washington – The U.S. Department of Labor’s Employee Benefits Security Administration (EBSA) will host its first of a series of free webcasts on February 19 from noon to 2 p.m. EST to help employers and service providers prepare for changes in the requirements of the 2009 Form 5500 reports and a preview of the new electronic filing Web site.

February 9, 2009

U.S. Department of Labor sues former insurance agency in Kennesaw, Georgia, to protect participants’ 401(k) contributions

Atlanta – The U.S. Department of Labor has sued Hoyla Insurance Group of Kennesaw, Georgia, and Michael Hoyla to recover employee contributions commingled with company funds and distribute assets remaining in the company’s abandoned 401(k) plan.

February 5, 2009

U.S. Labor Department sues upstate New York auto supply company and official for alleged violations of federal employee benefits law

Syracuse, New York – The U.S. Department of Labor has sued Kellogg Auto Supply Co. Inc. of Cortland, New York, and company president and general manager Richard Coates for alleged violations of the Employee Retirement Income Security Act (ERISA), the federal law that protects private sector pension and employee benefit plans.

February 5, 2009

U.S. Labor Department provides guidance on fiduciary duties in response to abuses involving the Madoff investment firm

Washington – The U.S. Department of Labor’s Employee Benefits Security Administration (EBSA), today announced guidance on the duties of employee benefit plan fiduciaries in light of alleged abuses involving Bernard L. Madoff Investment Securities LLC.

February 4, 2009

U.S. Labor Department sponsors free compliance assistance seminar for retirement plan fiduciaries in Melville, New York

Melville, New York – The U.S. Department of Labor’s Employee Benefits Security Administration (EBSA) will sponsor “Getting It Right – Know Your Fiduciary Responsibilities,” a free compliance assistance seminar, on February 12 at the Melville Marriott Long Island at 1350 Old Walt Whitman Road.

February 2, 2009

U.S. Labor Department obtains nearly $115,000 from bankrupt Merrimac, Massachusetts, company to pay employee health claims

Boston – The U.S. Department of Labor has obtained a settlement agreement filed with the U.S. Bankruptcy Court for the District Court of Massachusetts, providing for payment of nearly $115,000 in unpaid employee health claims of bankrupt Wolverine Proctor & Schwartz LLC, formerly of Merrimac, Massachusetts. After filing for bankruptcy, the company abandoned its employee health benefit plans, leaving 79 employees with significant unpaid health care costs.

January 26, 2009

U.S. Labor Department sponsors free compliance assistance seminar for retirement plan fiduciaries in Metairie, Louisiana

Metairie, Louisiana – The U.S. Department of Labor’s Employee Benefits Security Administration (EBSA) will sponsor “Getting It Right – Know Your Fiduciary Responsibilities,” a free compliance assistance seminar, on January 28 at the Four Points by Sheraton New Orleans.

January 22, 2009

U.S. Department of Labor obtains judgment restoring 401(k) assets to employees of defunct Acworth, Georgia, construction company

Atlanta – The U.S. Department of Labor has obtained a default judgment in federal district court in Atlanta ordering Concrete Construction Co. of Acworth, Georgia, and its president, Craig Wagner, to restore $11,672 due to the failure of the defendants to prudently manage the funds, to the company’s 401 (k) retirement savings plan. The payment is comprised of delinquent employee contributions, uncollected employer matching contributions, and lost earnings on the employee contributions.