FROM: U.S. DEPARTMENT OF LABOR
Judge orders A.B.D. Tank & Pump Co. to restore $2.7 million to worker retirement plan following US Labor Department investigation
ELMHURST, Ill. — Following an investigation by the U.S. Department of Labor's Employee Benefits Security Administration and resulting lawsuit, a federal court has issued a default judgment against Elmhurst-based A.B.D. Tank & Pump Co. to restore $2,767,051 to the company's retirement plan. Keith Davis, the company's president and sole owner, allegedly depleted the assets of the plan through a series of withdrawals and transfers to himself and the company from Dec. 6, 2006, through Nov. 4, 2010, in violation of the Employee Retirement Income Security Act.
"The Labor Department is committed to holding accountable those who are entrusted with the assets of workers' retirement plans," said Phyllis C. Borzi, assistant secretary of labor for employee benefits security. "We will continue to help workers obtain their rightful benefits when plan fiduciaries violate the law."
The A.B.D. Tank & Pump Co. 401(k) & Profit Sharing Plan & Trust, a retirement plan for the company's employees funded by employer contributions, was established in 1992. Davis is the plan's trustee.
The court order requires A.B.D. Tank & Pump Co. to restore all losses, including lost opportunity costs, to the retirement plan, and permanently bars A.B.D. Tank & Pump Co. from serving as a fiduciary or service provider to any employee benefit plan governed by ERISA in the future. The complaint against Davis remains pending.
Showing posts with label RETIREMENT PLAN. Show all posts
Showing posts with label RETIREMENT PLAN. Show all posts
Friday, August 31, 2012
Tuesday, April 10, 2012
DEFUNCT CONSTRUCTION COMPANY ORDER TO RESTORE $520,000 TO RETIREMENT PLAN
FROM U.S. DEPARTMENT OF LABOR
Judge orders defunct California construction company to restore nearly $520,000 to employee retirement plan following US Labor Department lawsuit
Explore General failed to remit workers’ fringe benefits
SAN FRANCISCO — Fresno-based Explore General Inc. and Jaime M. Gonzalez have been ordered to restore $519,601 to the company's 401(k) profit-sharing plan, according to the terms of a judgment and order entered in the U.S. District Court for the Eastern District of California.
The judgment and order resolve a lawsuit that was filed by the U.S. Department of Labor based on an investigation by its Employee Benefits Security Administration. The suit alleged that the defendants failed to pay required fringe benefits to the plan and breached their fiduciary duties under the Employee Retirement Income Security Act by not administering the plan solely in the best interests of participants. At the time of the violations, Gonzalez was the owner and president of the company.
Chief Judge Anthony W. Ishii found that the now-defunct construction company was required to pay its workers an hourly prevailing wage rate, including a fringe benefit for each participant in the form of contributions to the retirement plan, when it was contracted to perform work on projects financed by government agencies. The company was paid in full by the agencies for its work, including fringe benefit amounts, and certified that it was sending the fringe benefits to the plan. However, the company failed to remit more than $300,000 to the plan, choosing instead to use the money for general operating expenses. In addition to that amount, the judge's order requires the company to restore lost earnings to the plan.
"Retirement savings are a vital part of ensuring a steady income after we leave the workforce, which is a key reason that Congress chose to give them special protections," said Phyllis C. Borzi, assistant secretary of labor for employee benefits security. "Unfortunately, the individuals entrusted with protecting this plan violated those safeguards."
Judge orders defunct California construction company to restore nearly $520,000 to employee retirement plan following US Labor Department lawsuit
Explore General failed to remit workers’ fringe benefits
SAN FRANCISCO — Fresno-based Explore General Inc. and Jaime M. Gonzalez have been ordered to restore $519,601 to the company's 401(k) profit-sharing plan, according to the terms of a judgment and order entered in the U.S. District Court for the Eastern District of California.
The judgment and order resolve a lawsuit that was filed by the U.S. Department of Labor based on an investigation by its Employee Benefits Security Administration. The suit alleged that the defendants failed to pay required fringe benefits to the plan and breached their fiduciary duties under the Employee Retirement Income Security Act by not administering the plan solely in the best interests of participants. At the time of the violations, Gonzalez was the owner and president of the company.
Chief Judge Anthony W. Ishii found that the now-defunct construction company was required to pay its workers an hourly prevailing wage rate, including a fringe benefit for each participant in the form of contributions to the retirement plan, when it was contracted to perform work on projects financed by government agencies. The company was paid in full by the agencies for its work, including fringe benefit amounts, and certified that it was sending the fringe benefits to the plan. However, the company failed to remit more than $300,000 to the plan, choosing instead to use the money for general operating expenses. In addition to that amount, the judge's order requires the company to restore lost earnings to the plan.
"Retirement savings are a vital part of ensuring a steady income after we leave the workforce, which is a key reason that Congress chose to give them special protections," said Phyllis C. Borzi, assistant secretary of labor for employee benefits security. "Unfortunately, the individuals entrusted with protecting this plan violated those safeguards."
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