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DOL Home > OALJ > ERISA > 94ris71a.htm
USDOL/OALJ Reporter 94ris71a.htm
Date: July 10, 1995
Case No.: 94-RIS-0071
In the Matter of:
U.S. Department of Labor, Pension and Welfare Benefits Administration, Complainant
v.
Board of Trustees of the Teamsters Local 841 Severance Plan, Respondent
DECISION AND ORDER - APPROVING MOTION TO WITHDRAW ACTION
On June 5, 1995, Michael E. Auerbach, Chief of the Division of Accounting Services, Pension and Welfare Benefits Administration, withdrew the Department of Labor s Determination on Statement of Reasonable Cause dated August 12, 1994.
The Department s withdrawal of the Notice was limited to the issue discussed in the Notice: whether the plan administrator of the Teamsters Local Severance Plan ( Plan ), failed to comply with Sections 101(b)(4) and 104(a)(1)(A) of the Employee Retirement Income Security Act of 1974, ( ERISA or the Act ), 29 U.S.C. §§1021(b)(4) and 1024(a)(1)(A), and implementing regulations, 29 C.F.R. §§2520.103-1 and 2520.104a-5, by its failure to file an annual report for the Plan s 1992 plan year that contained a report of an independent qualified public accountant ( IQPA Report ) required by ERISA §103(a)(1)(B) and implementing regulation, 29 C.F.R. §2520.103-1(b).
On June 9, 1995, the Complainant herein filed a Motion to Withdraw Action with the undersigned. No opposition to this otion has been received from Respondent.
Accordingly, the Motion to Withdraw Action is Approved and the Complaint herein is hereby Dismissed.
[PAGE 2] ____________________________ JOEL F. GARDINER Administrative Law Judge
Boston, Massachusetts
JFG:gcb
SERVICE SHEET
Case Name: Teamsters Local 841 Severance Plan
Case No.: 94-RIS-0071
Title of Document: Decision and Order - Approving Motion to Withdraw Action
This is to certify that a copy of the above Decision and Order was mailed to the following interested parties on ____________.
Associate Solicitor Plan Administrator Plan Benefits Security Div. Teamsters Local 841 ERISA . 502(c)(2)/or Severance Plan 502(I) proceeding 27 Hunting Street P.O. Box 1914 Malden, MA 02148 Washington, DC 20013
Division of Reporting Compliance Mathew E. Dwyer, Esq. Office of the Chief Accountant Grady and Dwyer, P.C. U.S. Department of Labor Two Center Plaza, Suite 430 FPB, Room N-5638 Boston, MA 02108-1804 200 Constitution Avenue, NW Washington, DC 20210
Albert H. Ross, Esq. Regional Solicitor U.S. Department of Labor Office of the Solicitor One Congress St., 11th flr. Boston, MA 02114
INTEROFFICE MAIL
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