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Release Date: June 13, 2006
Release Number: 06-1022-CHI
Contact Name: Brad Mitchell
Phone Number: 312.353.6976
Chicago, Illinois - The U.S. Department of
Labor has sued former corporate officers of Monroe Cheese Corp., Monroe,
Wisconsin, for failing to forward employee contributions to the company’s
pension and health plans and retaining the contributions co-mingled with
the general operating assets of the company.
The lawsuit, filed in U.S. District Court for the
Western District of Wisconsin, also alleges that David L. and William B.
Rufenacht filed documents with the U.S. Department of Labor and the plan
participants that led participants to believe their contributions to the
retirement plan were forwarded to the plan.
“The department will act when plan fiduciaries fail
to carry out their duty to protect the retirement plan assets held on
behalf of participants,” said Kenneth Bazar, director of the Chicago
regional office of the department’s Employee Benefits Security
Administration (EBSA).
The Rufenachts allegedly failed to remit
contributions deducted from employees’ paychecks to the retirement
savings plan at various times from November 1999 through October 2004,
in violation of the Employee Retirement Income Security Act (ERISA). In
addition, the defendants allegedly failed to remit health plan premiums
withheld from participants’ pay to the plan as required by law.
The suit seeks to require that the defendants restore
all contributions plus interest, be removed as plan trustees, and
correct any prohibited transactions. The department also asks that the
court appoint an independent fiduciary to terminate the retirement plan
and distribute its assets to the participants and beneficiaries.
The suit resulted from an investigation conducted by
the Chicago regional office of EBSA. Employers and workers can reach the
Chicago office at 312.353.6976 or through EBSA’s toll-free number,
1.866.444.EBSA (3272), for help with problems relating to private-sector
retirement and health plans.
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.
Chao v. Rufenacht
Civil Action No. 06-C-0309-S
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