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Release Date: March 2, 2009
Release Number: 09-183-SEA (09-19)
Contact Name: Jeannine Lupton
Phone Number: 206.553.7620
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.
The lawsuit alleges that Van der Meer failed to
forward employee contributions to the company’s 401(k) plan between
April 14, 2006, and March 7, 2007. He also allegedly co-mingled
employees’ contributions with accounts of the company in violation of
the Employee Retirement Income Security Act (ERISA).
“These legal actions seek to protect the retirement
security of workers by recovering 401(k) assets they set aside for their
retired years and preserve their rights to recover retirement assets
during the bankruptcy proceedings of the plan’s fiduciary,” said
Alan D. Lebowitz, deputy assistant secretary of the Labor Department’s
Employee Benefits Security Administration.
Van der Meer filed for Chapter 11 personal bankruptcy
on September 30, 2008. In a separate adversarial complaint filed in the
U.S. Bankruptcy Court for the District of Oregon, the Labor Department
seeks to prevent Van der Meer from discharging any debt he owes to the
401(k) plan in his personal bankruptcy proceedings.
Parati Co. Inc. was a holding company for LDC Design
Group of Oregon LLC, LDC Design Group of Washington PLLC, Parati
California Inc., Meckel Engineering of Idaho, PLLC, and CTS Engineers of
Washington PLLC. On April 19, 2007, Parati Co. Inc. took action to
voluntarily liquidate itself.
In fiscal year 2008, EBSA achieved monetary results
of $1.2 billion related to the pension, 401(k), health and other
benefits of millions of American workers and their families. Employers
and workers can reach the agency’s Seattle office at 206.553.4244 or
toll-free at 866.444.3732 for help relating to private sector retirement
and health plans.
Employers with similar problems who are not yet
subjects of investigations by EBSA may be eligible to participate in the
department’s Voluntary Fiduciary Correction Program. Participation in
the program requires employers to correct any violations but allows them
to avoid EBSA enforcement actions and civil penalties as well as any
applicable excise taxes. For more information, visit www.dol.gov/ebsa.
Secretary of Labor vs. Hans van der Meer
Civil Action Number 09-03061-tmb
U.S. Department of Labor news releases are accessible on the
Department's Newsroom
page. The information in this news release will be made available
in alternate format (large print, Braille, audio tape or
disc) from the COAST office upon request. Please specify which news release when
placing your request at 202.693.7828 or TTY 202.693.7755. The Labor Department is committed to providing America's employers and
employees with easy access to understandable information on how to comply
with its laws and regulations. For more information, please visit the
Department's Compliance
Assistance page.
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