August 2, 2010

Employee Benefits Security Administration locator for individual exemptions from the Employee Retirement Income Security Act

Washington – The U.S. Department of Labor’s Employee Benefits Security Administration (EBSA) has launched a new online index for locating individual exemptions granted under the Employee Retirement Income Security Act.

This new online index lets people search by subject matter for individual exemptions granted from 1996 through 2010. For example, the index catalogues exemptions relating to captive reinsurance, co-investing, collateralized mortgage obligations, leases and in-kind contributions.

July 30, 2010

US Labor Department withdraws proposed rule on definition of a welfare benefit plan

WASHINGTON — The U.S. Department of Labor's Employee Benefits Security Administration today announced its intention to withdraw the proposed regulation on the definition of a welfare benefit plan under the Employee Retirement Income Security Act from review by the Office of Management and Budget.

July 28, 2010

U.S. Labor Department sponsors free September 15 retirement seminar for employee benefit plan fiduciaries in Philadelphia

Four score and seven years ago our fathers brought forth on this continent, a new nation, conceived in Liberty, and dedicated to the proposition that all men are created equal.

Philadelphia – The U.S. Department of Labor’s Employee Benefits Security Administration (EBSA) will sponsor “Getting It Right – Know Your Fiduciary Responsibilities,” a free retirement plan seminar on September 15 at the Radisson Plaza Warwick Hotel, 1701 Locust Street.

July 27, 2010

U.S. Labor Department sues Crestview, Florida, medical group, plan trustees and Iowa accounting firm over misuse of pension plan assets

Crestview, Florida – The U.S. Department of Labor has sued Robert S. Caputo, his medical group, trustees of the group’s pension plan, the plan’s accounting firm, and an accountant for improperly using $800,000 in plan assets to pay company expenses, in violation of the Employee Retirement Income Security Act.

July 22, 2010

Administration Announces New Affordable Care Act Measures to Protect Consumers and Put Patients Back in Charge of Their Care

Washington – Today, the Obama Administration is announcing both new regulations to empower consumers to appeal decisions made by their health plans or insurance companies and the availability of resources that will be used to help give consumers more control of their health care decisions. These provisions of the Affordable Care Act will help support and protect consumers and help end some of the worst insurance company abuses.

July 21, 2010

U.S. Labor Department obtains preliminary injunction against trustees of New York City pension plan for violating employee benefits law

New York – The U.S. Department of Labor has obtained a preliminary injunction barring trustees Samuel Kohl, Caren Kohl and Welko Inc. of New York City from conducting business with, or on behalf of, the Welko Inc. Pension Plan, unless approved by the court. The U.S. District Court for the Southern District of New York also ordered the defendants to turn over to the court all of the plan's cash assets.

July 15, 2010

US Labor Department issues interim final rule on disclosure of fees and conflicts of interest affecting 401(k) and other retirement plans

WASHINGTON - The U.S. Department of Labor today announced an interim final rule that will enhance disclosure to fiduciaries of 401(k) and other retirement plans. The rule will assist fiduciaries in determining both the reasonableness of compensation paid to plan service providers and any conflicts of interest that may impact a service provider's performance under a service contract or arrangement.

July 15, 2010

U.S. Labor Department sues Savannah, Georgia, attorney to restore pension assets

Savannah, Georgia – The U.S. Department of Labor has sued Savannah attorney Benjamin Eichholz and the Eichholz Law Firm to recover assets belonging to the Eichholz & Associates P.C. Retirement Plan and the Eichholz & Associates P.C. Employees Pension Plan.

July 15, 2010

US Labor Department issues interim final rule on disclosure of fees and conflicts of interest affecting 401(k) and other retirement plans

WASHINGTON — The U.S. Department of Labor today announced an interim final rule that will enhance disclosure to fiduciaries of 401(k) and other retirement plans. The rule will assist fiduciaries in determining both the reasonableness of compensation paid to plan service providers and any conflicts of interest that may impact a service provider's performance under a service contract or arrangement.

July 12, 2010

U.S. Labor Department obtains default judgment against defunct Lewes, Delaware, company to protect workers’ 401(k) plan

Lewes, Delaware — The U.S. District Court for the District of Delaware has issued a default judgment removing defunct Keystone Professional Employers Inc. of Lewes as fiduciary of its 401(k) plan. The judgment resolves a lawsuit filed by the U.S. Department of Labor in January alleging that the company abandoned its plan without distributing the assets when it ceased operations in 2000.

July 12, 2010

U.S. Labor Department sponsors free July 22 retirement seminar for employee benefit plan fiduciaries in Indianapolis

Indianapolis, Indiana – The U.S. Department of Labor’s Employee Benefits Security Administration (EBSA) will sponsor “Getting It Right – Know Your Fiduciary Responsibilities,” a free retirement plan seminar in Indianapolis July 22 at the Sheraton Indianapolis City Centre Hotel, 31 W. Ohio St.

July 12, 2010

U.S. Labor Department obtains default judgment against defunct Lewes, Delaware, company to protect workers’ 401(k) plan

Lewes, Delaware — The U.S. District Court for the District of Delaware has issued a default judgment removing defunct Keystone Professional Employers Inc. of Lewes as fiduciary of its 401(k) plan. The judgment resolves a lawsuit filed by the U.S. Department of Labor in January alleging that the company abandoned its plan without distributing the assets when it ceased operations in 2000.

July 8, 2010

U.S. Labor Department obtains judgment restoring more than $20,000 to Bedford, NH, 401(k) retirement plan

retirement plan

Concord, New Hampshire – The U.S. Department of Labor has obtained a consent judgment ordering Eric C. Mitchell & Associates Inc. and Eric C. Mitchell to restore $20,723 in funds to the Bedford, N.H., company's 401(k) retirement plan. The defendants served, respectively, as the plan's sponsor and administrator, and as its trustee.

July 6, 2010

U.S. Labor Department obtains court order barring New York defendants from future dealings with employee benefit plans

New York – The U.S. Department of Labor has obtained a final consent order permanently barring Leonard Slutsky and Sharlene Slutsky from control over or serving in positions of responsibility to employee benefit plans governed by the Employee Retirement Income Security Act, except as outlined in the court order.

July 6, 2010

Statement of Assistant Secretary Phyllis C. Borzi on the availability of the subsidy after May 31, 2010

Washington – Assistant Secretary of Labor Phyllis C. Borzi today issued the following statement regarding the Consolidated Omnibus Budget Reconciliation Act (COBRA) and the premium reduction under the American Recovery and Reinvestment Act (ARRA):

July 6, 2010

US Labor Department adopts amendment to class exemption involving qualified professional asset managers

WASHINGTON — The U.S. Department of Labor's Employee Benefits Security Administration today adopted a final amendment that allows qualified professional asset managers to act as QPAMs for their own employee benefit plans provided certain additional conditions are met.

"We have updated the exemption to expand the investment opportunities available to plans sponsored by QPAMs while protecting the plans' assets," said Phyllis C. Borzi, assistant secretary of labor for EBSA.

July 1, 2010

U.S. Labor Department sues Fresno, California-based Explore General Inc. and its officers to recover workers’ pension contributions

Fresno, California – The U.S. Department of Labor has sued Explore General Inc. and its officers for allegedly failing to forward more than $70,000 in employee contributions and to collect more than $100,000 in employer contributions owed to the company’s 401(k) plan in violation of the Employee Retirement Income Security Act.

June 28, 2010

U.S. Department of Labor’s ERISA Advisory Council to hold meeting June 29 to July 1

Washington – The Advisory Council on Employee Welfare and Pension Benefit Plans (also known as the ERISA Advisory Council) will meet June 29 to July 1 in Washington at the U.S. Department of Labor, 200 Constitution Avenue NW, Room C-5310-1B to hear testimony from witnesses.

June 28, 2010

Atlanta engineering firm’s owners agree to restore more than $150,000 in lost earnings to pension plan following U.S. Labor Department lawsuit

Atlanta – The owners of Williams-Russell & Johnson, an Atlanta engineering firm, have agreed to restore $150,129 in lost earnings plus accrued interest to the company’s 401(k) retirement plan after being sued by the U.S. Department of Labor for violating the Employee Retirement Income Security Act. In addition to restitution, the defendants have agreed to pay a $30,673 penalty and to reimburse the plan for the fees and expenses of a fiduciary appointed to administer the plan’s assets.

June 23, 2010

Statement of US Labor Secretary Hilda L. Solis regarding federal court ruling on mental health and substance abuse benefits

WASHINGTON — Secretary of Labor Hilda L. Solis today issued the following statement regarding a June 21 ruling by the U.S. District Court for the District of Columbia in Coalition for Parity Inc. v. Sebelius et. al.:

"We are very pleased that the court ruled in favor of the U.S. Departments of Labor, Treasury, and Health and Human Services, thereby allowing us to continue a regulatory process designed to benefit vulnerable members of our society. It will make mental health benefits more affordable by putting the cost on par with other health benefits.