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Boston, Massachusetts - Joseph S. Buscone
Management Inc., Milford, Massachusetts, and Joseph S. Buscone, president
and treasurer of the company, have agreed to pay $110,000 to a former
employee to settle a U.S. Department of Labor lawsuit alleging violations
of the federal Employee Retirement Income Security Act (ERISA).
The suit, filed last November in the U.S. District
Court for the District of Massachusetts, resulted from an investigation
conducted by the Boston regional office of the department’s Employee
Benefits Security Administration (EBSA). The lawsuit alleged that the
company, as sponsor of the pension plan, and Buscone, as trustee, violated
ERISA by failing to count all years of service toward the calculation of
the employee’s accrued pension benefits, as required by the plan
document. The suit further alleged that the company fired the employee
after she complained about the improper pension benefit calculations.
“This case demonstrates the Labor Department’s
commitment to protecting the benefits of America’s workers and retirees,”
said Ann L. Combs, assistant secretary of labor for employee benefits
security.
A consent judgment and order, entered September 26,
prohibits the defendants from future violations of ERISA and orders
Buscone to pay the former employee a total of $110,000 in pension
benefits, back wages and lost benefits, plus post-judgment interest, to
compensate her for the illegal firing. The Labor Department will also
assess a penalty of over $16,000 against the defendants, which Buscone has
been ordered to pay.
In fiscal year 2004, EBSA achieved record monetary
results of $3.1 billion related to the pension, 401(k), health and other
benefits of millions of American workers and their families. Employers and
workers can contact the Boston regional office at 617.565.9600 or EBSA’s
toll-free number, 1.866.444.EBSA (3272), for more information on the
requirements of ERISA or for help with problems relating to private-sector
pension and health plans. Additional information can be found at
www.dol.gov/ebsa.
(Chao v. Joseph S. Buscone Management, Inc., et al;
Civil Action No. 04-40226-FDS) |
