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DOL Obtains Judgment to Restore Funds to Employee Benefit Plans of Indiana Construction Company
Employee Benefits Security Administration [EBSA], U.S. Department of Labor [DOL] July 26, 2012
The DOL had alleged that employee contributions and loan repayments were withheld from the salaries of employees of Trotter Construction Company, Inc. and Trotter Development Group, NC, LLC, and were not remitted and not timely remitted to the 401(k) Plan. Further, the DOL had alleged that the companies withheld and failed to remit employee premium contributions to the Trotter Group Health Plans. During the course of the investigation, the defendants restored $16,705.99 to Trotter Construction Company, Inc. 401(K) Plan participants and $3,161.28 to participants of the Trotter Group Health Plans. The court ordered the defendants to restore an additional $269.28 in lost opportunity costs to participants of the Trotter Construction Company, Inc. 401(k) Plan; and an additional $19,236.33 to the Trotter Health Plans for the welfare benefit plan premiums that had been withheld from participants' payroll but had not been remitted to the plan providers, and lost opportunity costs on those premiums. [Solis v. Trotter, S.D. Indiana (No. 11-cv-00881)]
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