Cactus Feeders ESOP Fiduciaries Agree to Sizable DOL Settlement

Lubbock National Bank, the ESOP’s trustee, has also agreed to take steps that will ensure it fulfills its fiduciary obligations in the future.

The U.S. Department of Labor (DOL) has entered into an agreement with the fiduciaries of the Cactus Feeders Inc. Employee Stock Ownership Plan (ESOP), who will repay $5.45 million in plan losses to the ESOP.

According to a DOL announcement detailing the settlement, the agreement resolves a March 10, 2016, civil suit alleging fiduciaries failed to fulfill their obligations under the Employee Retirement Income Security Act (ERISA) of 1974. The allegations stem from a December 2010 stock transaction that resulted in the ESOP overpaying for the outstanding shares of the company.

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Lubbock National Bank, the ESOP’s trustee, has also agreed to take steps that will ensure it fulfills its fiduciary obligations in the future, DOL says. These include “agreeing to an extensive list of actions and conduct that prudent fiduciaries undertake when evaluating whether, for what value, and under what conditions an ESOP should purchase employer stock,” according to the DOL announcement.

Deborah Perry, Employee Benefits Security Administration (EBSA) regional director in Dallas, warns that investigators in her region and elsewhere will remain focused on questionable ESOP transactions, adding that “DOL will take all actions necessary to ensure that fiduciaries live up to their legal obligations.”

FiduciaryFirst Enhances Website to Help Clients Better Serve Participants

The new website will include financial wellness and behavioral finance sections, and a brand new education center.

FiduciaryFirst has revamped its website to include financial wellness, behavioral finance and educational sections. It also has a blog section, video archives and white pages.

“This is a great way for our clients and prospects to receive educational tools as well as valuable information that our team has discovered through decades of research,” says Dale Faller, managing partner of FiduciaryFirst. “Our website is now a platform to deliver all of our content in a user-friendly format.”

Working with the Center for Behavioral Finance, FiduciaryFirst claims it was the first firm in the country to fully implement behavioral finance solutions in 401(k), 403(b) and 457 plans.

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