Court Orders Payment of Government Contract Retirement Plan Contributions
The DOL alleged that James Brunk and Brunk Industries Inc. failed to collect prevailing wage employer contributions for the employees’ 401(k) plan provided by government contracts for work performed by defendant’s employees.
The Department of Labor (DOL) has
secured a consent judgment to restore of $95,000 to the 401(k) plan
sponsored by Brunk Industries Inc. in Oakdale, California.
Based on an investigation by the DOL’s Employee Benefits Security Administration (EBSA), the DOL filed a complaint
alleging that James Brunk and Brunk Industries Inc. failed to collect
prevailing wage employer contributions for the employees’ 401(k) plan.
These contributions were provided by government contracts for work
performed by defendant’s employees under prevailing wage laws.
Instead,
the defendants retained and comingled the contributions with company
assets and used the funds for non-Plan purposes, in violation of the
Employees Retirement Income Security Act (ERISA).
The U.S.
District Court for the Eastern District of California approved a consent
judgment and order requiring the defendants to restore $95,109 to the
401(k) plan. In addition, the judgment removes Brunk as the plan’s
fiduciary and appoints Lefoldt & Company as the independent
fiduciary responsible for winding up the plan, including the
distribution of its assets to participants. Brunk will pay $4,890 of the
costs for this independent fiduciary, and also may be assessed a 20%
civil penalty on the amount restored to the plan. The court order also
permanently enjoins Brunk from serving as a fiduciary of, or service
provider to, any ERISA-covered employee benefit plan in future.
Kristi Mitchem has been appointed
president, chief executive officer, and
head of Wells Fargo Asset Management (WFAM), a division of Wells Fargo’s
Wealth and Investment Management Group (WIM).
Effective
June 1, Mitchem will lead a business with more than $480 billion in assets
under management in institutional separate accounts, mutual funds and stable value
portfolios.
Mitchem
most recently served as executive vice president at State Street Global
Advisors (SSGA), the investment management arm of State Street Corp. She
replaces Mike Niedermeyer, who served
as head of WFAM from 1994 until his retirement in March after 28 years with
Wells Fargo. Based in San Francisco, Mitchem will report to David Carroll, senior executive vice
president and head of WIM.
“With
an impressive mix of industry experience, a deep knowledge of the needs of
institutional and intermediary investor clients, and proven success in
inspiring large high-performing teams, Kristi is the ideal candidate to lead
WFAM through its next phase of strategic expansion and growth,” says Carroll.
Since
2012, Mitchem led the Americas Institutional Client Group at SSGA, focusing the
organization on delivering innovative investment solutions to institutional
investor clients in the United States, Latin America and Canada. Previously,
she had served as the leader of the defined contribution businesses at both SSGA and Blackrock and of the institutionally focused U.S. Transition
Services group at Barclay’s Global Investors.
Mitchem
earned her Bachelor of Arts degree in political science from Davidson College,
where she graduated summa cum laude and was awarded First Honors. She received
her Master of Business Administration from Stanford Graduate School of
Business, where she was an Arjay Miller Scholar. Mitchem is also a Fulbright
Scholar.
NEXT: Russell Adds to DC Team
Russell
Investments has combined its institutional and intermediary defined
contribution (DC) teams under the oversight of Josh Cohen and J.T. Young, managing directors,
defined contribution.
Cohen
and Young will jointly lead the growing defined contribution team to capture
the growth opportunities across all DC market segments. Partnering on the
day-to-day management of the DC business, they will work with plan sponsors,
consultants, advisers, recordkeepers and key partners to bring
institutional-quality DC solutions to U.S. retirement plans, including
multi-manager funds solutions, custom target-date funds and Russell Adaptive Retirement Accounts (ARA).
“Russell
Investments is committed to the DC business, and our creation of a high-powered
DC team along with the addition of more dedicated senior-level expertise is a
clear demonstration of that fact,” says Greg
Gilbert, CEO, Americas Institutional.
Young
joins the DC team with nearly 20 years of industry experience and was
previously responsible for the mid-market OCIO team as well as marketing and
product development in Russell Investments' U.S. institutional business. He has
also held leadership roles in Russell Investments’ U.S. adviser-sold business
as well as the firm’s EMEA business. He will now be focused exclusively on the
development and growth of the DC business across all channels, in partnership
with widely recognized DC industry expert Cohen.
Another
senior-level addition to the newly combined team is Nathan Dudley, director, defined contribution and a 23-year
industry veteran, who most recently led institutional product development in
the U.S. Dudley has extensive investment and implementation expertise and will
have primary responsibility for managing and implementing Russell Investments’
ARA platform.
Kevin Knowles has
been promoted to associate director, defined contribution, and in his new role
will assume expanded responsibilities for the methodology, positioning and
distribution of DC products, including ARA. Knowles will work closely with
Dudley to continue the seamless rollout of the ARA platform to new clients.
Andrew Scherer,
director, defined contribution, and his team will continue to focus on
managing relationships with DC recordkeeping platforms and working with sales
and service teams responsible for delivering institutional-quality DC solutions
to retirement plan intermediaries and strategic distribution partners.
NEXT: Manning & Napier CEO Retires
Manning
& Napier’s board of directors accepted the resignation of Patrick Cunningham, chief executive officer and director.
Cunningham
is retiring due to personal reasons unassociated with his role at Manning &
Napier. His retirement date is effective Monday, April 18, 2016, though he will
be staying on in an advisory capacity for three months.
William Manning, the company's
co-founder, chairman of the board and chief architect of the firm's investment
processes,
will assume the title of CEO of Manning & Napier. A
newly named Operating Committee consisting of Manning & Napier's current
senior managers will report to Manning and hold responsibility for the
functions of the office of the CEO. This committee will include James Mikolaichik (CFO), Jeffrey Coons (president), Richard Yates (chief legal officer), Charles Stamey (executive vice president
and managing director of sales) and Ebrahim
Busheri (director of Investments).
Speaking
on behalf of the board of directors, Manning commented, "Patrick has been
a valued and trusted leader during his tenure with Manning & Napier,
setting client service standards and leading by example early on as a
top-performing sales and service representative, and later as CEO in helping to take Manning & Napier public. For nearly 24 years he has been
an embodiment of our culture. The board of directors is grateful for his years
of dedicated service and friendship. Patrick will be missed, but we wish him
well in retirement."
Hooker
& Holcombe, a provider of employer-based actuarial, investment advisory and
retirement plan consulting, welcomed Steve
Lemanski back to the firm as a consulting
actuary within its actuarial services unit.
He
will be responsible for a wide range of projects including consulting on
qualified and nonqualified defined benefit and post-retirement welfare plans,
performing pension valuations, benefit calculations, cost estimates and
reporting for the government accounting standards board (GASB) and financial accounting
standards board (FASB), as well as working with plan studies and design.
Lemanski
has 27 years of experience providing actuarial consulting services to diverse
clients including municipalities, multi-employer pension funds and Fortune 500
companies. His expertise is in valuations of defined benefit and other post-retirement
benefit plans, plan design, benefit certifications, experience studies, general
administration of qualified plans and consulting on a number of
compliance-related issues. He also has consulting experience with union
negotiation issues.
Before rejoining Hooker & Holcombe, Lemanski was with Milliman, serving most
recently as principal and consulting actuary, where he was the lead actuary for
a number of municipalities throughout Connecticut, Rhode Island and
Massachusetts.
Lemanski
graduated summa cum laude from Drew University with a bachelor's degree in
applied mathematics and economics. He is an Enrolled Actuary and holds a number
of professional designations including Fellow of the Society of Actuaries
(FSA), Fellow of the Conference of Consulting Actuaries (FCA) and Member of
the American Academy of Actuaries (MAAA). Lemanski is a board member for the
Connecticut Public Pension Forum and is chairperson of the EA-1 Actuarial
Examination Committee.
NEXT: TIAA Global Asset Management Names Chief
Marketing Officer
TIAA
Global Asset Management announced that Martha
(Marty) Willis is joining its senior leadership team as chief marketing officer.
Following
last month’s TIAA Global Asset Management rebranding announcement, Willis’ appointment reflects the firm’s commitment to developing and executing
a global marketing strategy as well as to supporting the organization’s ongoing
expansion efforts. Willis will report to Rob
Leary, TIAA Global Asset Management’s CEO.
Willis,
with more than 30 years of financial services industry experience, has
successfully implemented sophisticated global marketing strategies for a number
of top-tier asset management firms where she has led brand strategy, digital
and marketing communications, thought leadership and communications. She comes
to TIAA Global Asset Management from OppenheimerFunds, where she served as the chief
marketing officer and helped to rebrand the firm to support its global asset
management strategy.
Prior
to OppenheimerFunds, Willis spent 25 years at Fidelity Investments, where she
led multiple marketing teams for both the retail and institutional business
units. Well-regarded in the industry, Willis has been recognized as Fund
Marketer of the Year, for Advertising Campaign of the Year, and has been named
by Money Management Executive as one of the Top 15 Women in Asset Management
for 2015.
“Marty
has a passion and proven track record for transforming broad-based marketing
programs, growing business, and leading high-performance teams to unprecedented
success,” says Leary. “Her influential leadership presence and industry confidence
will be instrumental to reinforcing our commitment for growing the business
across geographies in order to better serve our clients’ needs and goals.”
The
new hire builds upon the firm’s efforts to expand its asset management profile
globally while also supporting TIAA’s core retirement and individual businesses
and its more than 4 million customers. TIAA Global Asset Management has
investments in more than 40 countries and collectively manages $861 billion in
assets for millions of investors through a multi-boutique structure that offers
clients access to specialist investment expertise across the asset class
spectrum.
NEXT: Aberdeen Appoints Head of Distribution
Aberdeen
Asset Management PLC appointed Campbell
Fleming as global head of distribution.
Campbell
will be responsible for Aberdeen’s global distribution platform encompassing
450 people across business development, product specialists, marketing and
client service. He will also work closely with the senior management of all of
Aberdeen’s investment capabilities.
Campbell
is currently chief executive – EMEA of Columbia Threadneedle as well as global chief
operating officer. He joined Threadneedle from JP Morgan in 2009 as head of distribution. He has in-depth knowledge of markets in Asia, Europe and the
Americas and has an enviable track record of successfully managing distribution
teams across a range of client channels, Aberdeen says. Last October, Campbell
was named CEO of the Year at the Financial News Asset Management Awards.
Campbell
succeeds John Brett, who stepped down
from the role late last year. He will report to Martin Gilbert, chief executive, and will join Aberdeen’s Group
Management Board.
Gilbert comments, “We
are delighted to attract someone of Campbell’s caliber—this reflects the appeal
of our global platform and our full-service capability across asset classes and
strategies. After an in-depth worldwide search process, Campbell was identified
as the outstanding candidate given his expertise and experience across client
channels globally, including North America, which is a key focus for us.”