March 25, 2009

U.S. Labor Department sues former NFL player and others in bankruptcy court to recover pension assets

Newport News, Virginia — The U.S. Department of Labor has filed a lawsuit in federal district court in Newport News, alleging that former National Football League (NFL) player Michael Vick and others violated federal employee benefits law by making a series of prohibited transfers from a pension plan sponsored by one of his companies. The department also simultaneously filed an adversary complaint in federal bankruptcy court to prevent Vick from discharging his alleged debt to the MV7 retirement plan.

March 23, 2009

U.S. Labor Department extends effective date of rules on investment advice

Washington – The U.S. Department of Labor’s Employee Benefits Security Administration (EBSA) published in the March 20, 2009, edition of the Federal Register a notice extending to May 22, 2009, the applicability and effective dates of the final rule on investment advice under the Pension Protection Act (PPA).

March 19, 2009

U.S. Labor Department releases model notices for COBRA subsidy under American Recovery and Reinvestment Act of 2009

Washington — The U.S. Department of Labor today released four model notice packages that will enable group health plans and employers to provide notice on the availability of premium reductions and additional election opportunities under the Consolidated Omnibus Budget Reconciliation Act (COBRA). The American Recovery and Reinvestment Act (ARRA) signed into law by President Obama on February 17, 2009, made available a premium reduction and the additional election period as part of the administration’s stimulus package.

March 17, 2009

U.S. Department of Labor sues North Carolina health care provider to recover more than $55,000 in 401(k) assets

Atlanta – The U.S. Department of Labor has sued Carolina Express Care P.A. of Knightdale, North Carolina, Dale Everett White and Howell Anderson Vaughan to recover more than $55,000 as restitution for their failure to fulfill their fiduciary duties to the Carolina Express Care P.A. 401(k) Plan and Trust.

March 16, 2009

Louisville, Kentucky, restaurant chain agrees to restore participants’ 401(k) funds following U.S. Department of Labor investigation

Louisville, Kentucky – Bristol Bar and Grille and Kevin Wagner have agreed to restore $11,892 to the company’s 401(k) plan based on an investigation by the U.S. Department of Labor.

March 11, 2009

U.S. Department of Labor sues Bridgeport, Pa., benefit firms and lawyers to protect welfare benefit plan participants nationwide

BRIDGEPORT, Pa. – The U.S. Department of Labor has sued Penn-Mont Benefit Services Inc. of Bridgeport; its owner, John Koresko V; Koresko's law firms; and an attorney for the firms over alleged improper administration of death benefit plans marketed nationwide. The defendants allegedly underpaid benefits to participants, improperly withdrew more than $1 million in plan assets from the plans' trust, and illegally used assets to pay unreasonable and unnecessary lobbying expenses.

March 10, 2009

U.S. Labor Department sues fiduciaries of McHenry, Illinois-based company to recover 401(k) profit sharing assets

McHenry, Illinois – The U.S. Department of Labor has sued the owner and profit sharing plan fiduciaries of the Forms Corporation of America 401(k) Profit Sharing Plan and Trust for allegedly failing to forward to the plan contributions withheld from employees’ pay, in violation of the Employee Retirement Income Security Act (ERISA).

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 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.