January 28, 2010

U.S. Labor Department releases online datasets of 1999 to 2008 form 5500 filings

Washington – The U.S. Department of Labor's Employee Benefits Security Administration today announced that the general public can now access online datasets of Form 5500 annual report/returns for approximately 800,000 retirement, health and other employee benefit plans that cover the plan years 1999 through 2008.

January 25, 2010

U.S. Labor Department obtains default judgment and appointment of independent fiduciary for 401(k) plan abandoned by Buffalo, New York, employer

New York – The U.S. Department of Labor has obtained a default judgment appointing an independent fiduciary to manage the abandoned 401(k) plan of defunct Digitel Solutions for Business Inc. or Empire Telecom Systems Corp., formerly located in Buffalo, New York.

January 22, 2010

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

Columbus, Indiana – The U.S. Department of Labor has sued the owner of Hoosier Foot & Ankle LLC, a non-surgical foot and ankle care business in Columbus, for failure to carry out his fiduciary duty to monitor the service provider to the company’s 401(k) plan in violation of the Employee Retirement Income Security Act (ERISA).

January 20, 2010

U.S. Labor Department announces updated model notices and webcast on extension of COBRA subsidy

Washington – The U.S. Department of Labor has released three model notice packages that will enable group health plans and employers to provide notice on the availability of the extension of the Consolidated Omnibus Budget Reconciliation Act (COBRA) continuation coverage premium reductions under the American Recovery and Reinvestment Act (Recovery Act). A free webcast will be held on Jan. 22, from 1 to 3 p.m. (EST) to help employers, plan administrators and service providers comply with the notice requirements.

January 19, 2010

U.S. Department of Labor sues defunct Lewes, Del., company to protect participants of abandoned retirement plan

Lewes, Del. – The U.S. Department of Labor has filed a lawsuit to obtain appointment of an independent fiduciary to oversee the 401(k) plan of Keystone Professional Employers Inc., a defunct company formerly located in Lewes.

"Denying workers access to their retirement savings will not be tolerated by the Labor Department," said Mabel Capolongo, director of the department's Employee Benefits Security Administration (EBSA) in Philadelphia. "Employers cannot abandon 401(k) plans when a company goes out of business."

January 19, 2010

U.S. Department of Labor sues defunct Dallas, Pa., company and its owner to recover benefit plan assets

Dallas, Pa. – The U.S. Department of Labor has sued Raymond Woronowicz, former president of The Business Alliance Inc., for failing to deposit employee contributions into the company's employee benefit plan in violation of the Employee Retirement Income Security Act (ERISA). The Dallas company ceased operations in or around January 2006.

January 15, 2010

U.S. Labor Department Administrative Law Judge rules bankruptcy and loss of records not a basis to waive civil penalty

Cherry Hill, N.J. – The plan administrator of the Airport Hospitality, LTD 401(k) Plan now located in King of Prussia, Pennsylvania, was ordered to pay the $86,500 penalty assessed by the U. S. Department of Labor's Employee Benefits Security Administration (EBSA), according to the decision and order of the department's Office of Administrative Law Judges.

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 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 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 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.