DI-DISMISSAL NUMBER OF PAGES 2 JUDGE HENLEY ORDER OF DISMISSAL — 2025RIS00129

UNITED STATES DEPARTMENT OF LABOR
OFFICE OF ADMINISTRATIVE LAW JUDGES
Washington, DC
______________
Issue Date: 13 October 2026
OALJ Case Nos.: 2025-RIS-00129
2026-RIS-00012
In the Matter of:
UNITED STATES DEPARTMENT OF LABOR,
EMPLOYEE BENEFITS SECURITY
ADMINISTRATION,
Complainant,
v.
PLAN ADMINISTRATOR,
ARC SAFE HARBOR NON-ELECTIVE
401(K) POOLED EMPLOYER PLAN,
(EBSA Case No. 25-0121D)
and
PLAN ADMINISTRATOR,
ARC DISCRETIONARY 401(K)
POOLED EMPLOYER PLAN,
(EBSA Case No. 25-0122D),
Respondents.
ORDER OF DISMISSAL
These matters arise under Section 502(c)(2) of the Employee Retirement
Income Security Act (“ERISA”) of 1974, as amended, and the regulations at
29 C.F.R. Parts 2560 and 2570.
By letter dated July 14, 2025, the Employee Benefits Security Administration
(“EBSA”) issued a Notice of Determination on Statement of Reasonable Cause
(“NOD”), assessing a civil money penalty against the Plan Administrator of the Arc
Safe Harbor Non-Elective 401(k) Pooled Employer Plan, 401(k) Freedom, Inc., for
failing to timely file a satisfactory 2022 Form 5500 annual report.

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By letter dated July 14, 2025, EBSA issued an NOD assessing a civil money
penalty against the Plan Administrator of Arc Discretionary 401(k) Pooled
Employer Plan, 401(k) Freedom, Inc., for failing to timely file a satisfactory 2022
Form 5500 annual report.
Respondents filed separate objections and answers with the Office of
Administrative Law Judges (“OALJ”), which docketed the cases on July 17, 2025.1
A hearing is not yet scheduled.
On October 9, 2026, counsel for the Complainant, with Respondents’ consent,
filed Notice of Settlement and Stipulation and Order of Dismissal. Respondents’
Plans are now in compliance with the reporting requirements of the applicable
regulations for Plan Year 2022 and Respondents paid $1,333.00 to settle the
penalties assessed in connection with the 2022 Form 5500 annual reports, which
Complainant agrees resolves these matters.
The parties having settled all outstanding issues, thereby obviating the need
for a hearing, the Stipulation is hereby fully incorporated into this order and
APPROVED. All pending deadlines are REVOKED. These matters are
DISMISSED with prejudice.
SO ORDERED.
STEPHEN R. HENLEY
Chief Administrative Law Judge
1 The separate matters were consolidated by Order issued on January 8, 2026.