USDOL v. Wilkinson Manufacturing Co., 94-RIS-76
(ALJ Aug. 13, 1996)
U.S. Department of Labor Office of Administrative Law Judges
800 K Street, NW
Washington, DC 20001-8002
Date Issued: August 13, 1996
Case No.: 94-RIS-76
In the Matter of:
UNITED STATES DEPARTMENT OF LABOR,
PENSION AND WELFARE BENEFITS
ADMINISTRATION,
Complainant
v.
WILKINSON MANUFACTURING COMPANY,
Respondent
Before: JOHN M. VITTONE
Chief Judge
ORDER OF DISMISSAL
This case arises under Section 502(c)(2), 29
U.S.C. §§ 1132, 1135 of the Employee Retirement Income
Security Act of 1974 (ERISA), as amended, 29 U.S.C § 1100
etseq. and the Secretary's Order 1-87, 52 Fed.
Reg. 13,139, and the regulations enacted thereunder at 29 C.F.R.
Parts 2560 and 2570.
On June 13, 1994, the Pension and Welfare
Benefits Administration, U.S. Department of Labor (DOL), issued a
Notice of Intent to Assess a Penalty against Wilkinson
Manufacturing Company (Respondent) for $86,350. DOL alleged that
Respondent failed to file a report satisfactory to DOL of its
plan's 1991 Form 5500 annual as required by ERISA. In the
Notice, Respondent was given an opportunity to file a Statement
of Reasonable Cause. Respondent filed a Statement of Reasonable
Cause on June 21, 1994. On August 29, 1994, DOL issued a Notice
of Determination on Statement of Reasonable Cause. Therein, DOL
waived 90% of the original penalty and assessed a new civil money
penalty ($8,650) against Respondent for violating ERISA. On
September 20, 1994, Respondent requested a hearing before this
Office.
On May 30, 1996, DOL and Respondent filed a
Notice of Settlement informing this Office that they "have
reached an agreement to settle all claims and issues." In
the Settlement, Respondents agreed "not to contest further
the penalty assessed" and to pay the negotiated amount of
$7,500. On July 19, 1996, the parties seek to have this matter
dismissed with prejudice.
The pertinent regulations require the parties to
"[n]otify the administrative law judge that the parties have
reached a full settlement and have agreed to dismissal of the
action subject to compliance with the terms of the
settlement." See 29 C.F.R.
§ 2570.6(c)(2).
As the parties are in agreement, this matter
is hereby DISMISSED with prejudice.
