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Release Date: September 8, 2006
Release Number: 06-1353-CHI
Contact Name: Brad Mitchell
Phone Number: 312.353.6976
Sherburn, Minnesota - The U.S. Department of
Labor has sued the officers of D&J Transfer Company, Sherburn,
Minnesota, for failing to administer and terminate the company’s
employee retirement plan so that assets could be distributed to plan
participants.
The suit names Bradley Hartke, Douglas Hartke, and
the D&J Transfer Company as fiduciaries of the company’s 401(k)
plan and trust. The company provided long haul trucking services but
ceased operations a number of years ago.
“The department is committed to act quickly to help
workers get their benefits when plan assets are either misused or their
plans are abandoned,” said Steven Eischen, regional director of the
Kansas City regional office of the Employee Benefits Security
Administration, which investigated the case.
The lawsuit alleges that the Hartkes failed to take
responsibility for terminating the plan and distributing assets to
beneficiaries and participants when the company ceased operations. The
retirement plan serves 25 participants with total assets of $210,996.
The suit seeks to order that the Hartkes be barred
from serving as a fiduciaries of the retirement plan and appointment of
an independent fiduciary to administer the plan and distribute the
assets.
In fiscal year 2005, EBSA achieved monetary results
of $1.7 billion related to the pension, 401(k), health and other
benefits for millions of American workers and their families. Employers
and workers can reach EBSA’s Kansas City regional office at
816.426.5131. Help with problems relating to private-sector retirement
and health plans can also be obtained by calling EBSA’s toll-free
number, 1.866.444.EBSA (3272).
(Chao v. D&J Transfer Company)
Civil Action No.
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