Friday, November 14, 2008

Fidelity - Yet More Job Cuts

Just last week we discussed the news item on a fresh round of job cuts at Fidelity. It looks like they are trimming the fat once again... Today we hear (from Associated Press - via Yahoo! news) "Fidelity Investments to cut 1,700 jobs early next year in 2nd round of layoffs":

Combined with 1,300 cuts that Fidelity announced last week, the second round disclosed Friday will eliminate about 7 percent of the company's work force of about 44,400, said Anne Crowley, a spokeswoman for Boston-based Fidelity.

Details on which jobs are to be cut in the second round haven't been worked out. But the cuts will be spread roughly proportionally across Fidelity's operations, with the reductions occurring sometime in the first three months of next year, Crowley said.

In the first round, which is taking place this month, layoff notices began going out earlier this week, affecting management positions as well as lower-level jobs at privately held Fidelity. No fund managers or investment analysts are being laid off in the first round. Crowley said Friday it was too early to say whether that would be the case in the second round.

In a letter distributed to employees describing the initial cuts, Fidelity President Rodger Lawson said recent market volatility has hurt company revenue, leading him to conclude that "many of the cost improvement plans which would have been phased in by our business units over the next three years need to be accelerated."

In addition to its more than 11,000-employee Massachusetts operations in Boston and Marlborough, Fidelity has sizable offices in Florida, Kentucky, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Rhode Island, Texas and Utah.

The latest cuts are in addition to reductions totaling about 800 jobs in two rounds earlier this year after Fidelity reorganized some business units.

While Fidelity is more diversified than many of its rival money managers, it still relies heavily on money management fees for much of its profit. Those fees are based on the assets held in Fidelity's more than 400 mutual funds, and assets there have been shrinking.

Cuts also have been announced in recent weeks at smaller mutual fund firms including Janus Capital Group Inc., which is eliminating about 115 jobs, or about 9 percent of its work force.

According to Financial Research Corp., assets at Fidelity's funds lost nearly 23 percent of their value through October of this year, to nearly $717 billion. The total excludes money-market funds, an area in which Fidelity is the industry leader based on more than $400 billion in assets. Overall, Fidelity managed $1.4 trillion as of Sept. 30.

Fidelity has sought to diversify beyond its core mutual funds in recent years, moving into areas such as individual retirement planning and employee benefit management.

It looks like more resumes will be hitting professional recruiters' desks soon and, if the cuts are in the benefits administration areas, once again, we can expect to see a great pool of candidates forming...

Wednesday, November 12, 2008

Weekend DOL Blotter - 11/10/2008

Not all Peaches and Cream in Georgia:


U.S. Department of Labor obtains default judgment appointing independent fiduciary for abandoned Georgia 401(k) plan

Atlanta – The U.S. Department of Labor has obtained a default judgment appointing M. Larry Lefoldt as the independent fiduciary for the 401(k) plan of defunct TDH Enterprise Corp. of Morrow, Georgia.

The judgment also removes TDH as a fiduciary to the plan and bars it from violating the provisions of the Employee Retirement Income Security Act. When TDH ceased operations in July 2005, the automotive repair company failed to terminate the plan and ensure that funds were distributed to participants. Another fiduciary to the plan, Barry Grosselin, has failed to administer the plan since that time.

“Even though the defendant has abandoned this plan, the Labor Department will not abandon the employees who count on these funds for their retirement,” said R.C. Marshall, regional director of the Labor Department’s Employee Benefits Security Administration (EBSA) in Atlanta.

The court order directs the independent fiduciary to assume control of the plan, including all assets, with the intention of terminating it and distributing any remaining assets to the plan participants. As of October 2006, the latest data available, the plan had five participants and $12,669 in assets.

Employers and workers can reach EBSA’s Atlanta Regional Office at 404.302.3900 or toll-free at 866.444.3272 for help with problems relating to private sector retirement and health plans. In fiscal year 2007, EBSA achieved monetary results of $1.5 billion related to pension, 401(k), health and other benefits for millions of American workers and their families.

Chao v. TDH Enterprise Corp.
Civil Action File Number 1:07-cv-1764-JEC


"Suddenly Simply Having a Plan is Not Enough"

U.S. Labor Department sues to appoint independent fiduciaries to protect assets of abandoned 401(k) plans of Bay Area companies

San Francisco – The U.S. Department of Labor has sued Vigilance, Inc. of Sunnyvale, California, and its subsidiary Harmony Software Inc. of San Mateo, to obtain the appointment of independent fiduciaries to manage and distribute approximately $580,565.22 in assets to participants covered by the two companies’ abandoned 401(k) plans.
Separate lawsuits were filed against the Vigilance and Harmony Software in U. S. District Court for the Northern District of California, each alleging that the company failed to provide for the continued administration of its 401(k) plan. The suits seek removal of each company as fiduciary to its plan and the appointment of an independent fiduciary to terminate the plan and distribute its assets to participants and beneficiaries.

Both companies have ceased operations. Vigilance was a supplier of event software and Harmony Software was a business management software company.

Under the Employee Retirement Income Security Act (ERISA), employee benefit plans must be managed by named fiduciaries. In the absence of a plan fiduciary, participants and beneficiaries cannot obtain plan information, make investments or collect retirement benefits.

“The Department of Labor is committed to doing everything we can to assist workers whose plans are abandoned,” said Bradford P. Campbell, Assistant Secretary of the Labor Department’s Employee Benefits Security Administration (EBSA). “This legal action paves the way for the plan’s participants to receive retirement assets due them.”

The lawsuits resulted from investigations conducted by EBSA’s regional office in San Francisco. Employers and workers can contact the office at 415.625.2481 or toll-free at 866.444.3272 for help with problems relating to private sector pension and health plans. In fiscal year 2007, EBSA achieved monetary results of $1.5 billion related to pension, 401(k), health and other benefits for millions of American workers and their families. Additional information can be found at www.dol.gov/ebsa.

Chao v. Vigilance, Inc. (Civil Action No. CV-08-5083)
Chao v. Harmony Software, Inc. (Civil Action No. CV-08-5084)