Printer Friendly Version
Release Date: July 15, 2008
Release Number: 08-869-KAN
Contact Name: Brad Mitchell or Scott Allen
Phone Number: 312.353.6976
Salina, Kansas – The U.S. Department of
Labor has sued the trustees of the 401(k) and health plans of defunct
B&W Electrical Contractors Inc. (formerly of Salina) for failure to
forward $22,670.22 in employee contributions to the 401(k) plan and
$7,584.82 in health care premiums to the health plan.
The lawsuit alleges that trustees Warren Merrill and
Jeffrey Merrill violated the Employee Retirement Income Security Act (ERISA)
by failing to forward employee contributions to the plans from May
through August 2005. The suit asks the court to require that the
Merrills restore all losses to the plans and participants.
Warren Merrill was the president and owner and
Jeffrey Merrill was the vice president of B&W Electrical
Contractors, an electrical contracting business before ceasing
operations in 2005.
“The Labor Department is committed to protecting
workers’ benefits when plan assets are either misused or the plans are
abandoned,” said Steve Eischen, director of the department’s
Employee Benefits Security Administration (EBSA) Kansas City Regional
Office.
The suit, filed in the U.S. District Court for the
District of Kansas, resulted from an investigation conducted by EBSA’s
Kansas City regional office. In fiscal year 2007, the agency achieved
monetary results of $1.5 billion related to pension, 401(k), health and
other benefits for millions of American workers and their families.
Employers and workers can reach the regional office at 816.285.1800 or
toll-free at 866.444.3272 for help with problems relating to private
sector retirement and health plans.
Chao v. Merrill
Civil Action Number: 5:08-cv-4083
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.
|