Home     Law Advice     Insurance Advice     Community    
Fringe Benefits : Employer Sponsored Pension and 401(k) Plans, Vacation Benefits, etc.
Go Back   FreeAdvice Legal Forum > EMPLOYMENT AND LABOR LAW > Fringe Benefits

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 02-25-2005, 12:43 AM
Junior Member
 
Join Date: Jan 2003
Location: Sacramento, CA
Posts: 11

3rd Party Provider Kept $150 from 401K


What is the name of your state?What is the name of your state? California.

After jumping through hoops cashing out my 401K balance owed to me since I was terminated from my job last June 2004 (I received my 401k check today), I opened the envelope with my check in it, and lo and behold, the 3rd party provider company who was handling all the 401k business between my ex employer and the employees, kept $150 for themselves as a service charge. I was expecting $457...the amount I put in. After taxes, and some other charges, and the $150 service charge for them, my check amounted to $215!

Shouldn't this 3rd party provider have told me during the nightmare of the past 7 months I was wheeling and dealing with them in just finding out WHEN I would get my check, shouldn't they have told me they were going to squeeze $150 out of MY CONTRIBUTIONS to pay for their services rendered. I didn't hire them! Shouldn't my ex employer be paying it?

This just sounds wrong. Have you ever heard of this happening?
  #2  
Old 02-25-2005, 06:58 AM
Senior Member
 
Join Date: Mar 2002
Posts: 13,388
Have you ever heard of this happening? No, I haven't. Fees that plan administrators receive as payment for their services are typically handled in a different manner. I don't know that this is illegal however. I suggest you contact the federal Department of Labor and see what they. 202-693-4650.

Take another look at the distribution paperwork before you call though. Because you took a cash distribution, the plan administrator was obligated to withhold at least 20% for estimated federal taxes and if you are under age 59-1/2, another 10% for an early withdrawal penalty.
__________________
A person, who is nice to you, but rude to a waiter, is not a nice person. (This is very important. Pay attention. It never fails.)
  #3  
Old 03-01-2005, 07:17 AM
Junior Member
 
Join Date: Jan 2003
Location: Sacramento, CA
Posts: 11
I was mistaken. Actually, it was the investment company, The Hartford, not the 3rd party administrator (Polycomp), who withheld $150 for "pension admin distribution fee."

Crud!! $150 is 35% of what I invested and what I expected to receive when I cashed out--except for the taxes being withheld. I already knew about tax withholding. The taxes were nothing on such a small cashout. Their stupid pension admin fee blew everything else away. Why didn't they just keep my whole entire investment while they were at it.

I'm so angry about this. Had I known this was going to happen, I never would have participated in the 401k plan. This has been as poorly managed as the firm I used to work for when I was contributing to this stupid 401k. In truth, I just handed over (rather, it was ripped from my hands while I was blindfolded) $150 to some company for no reason. It took me 10 hours to make $150. I would have been better off putting that same money in a shoebox under my bed or between my mattresses. I thought I was investing, not throwing money out the window.

I'm SO MAD!!!

Thanks for your advice. I will call DOL. I had to contact them earlier because I thought I was never going to get my 401k check in the first place.

I like your quote, by the way (being nice and then rude to waiters...)
  #4  
Old 03-01-2005, 07:50 AM
Senior Member
 
Join Date: Mar 2002
Posts: 13,388
I've never heard of an investment firm taking a service charge from the distribution. Do call the DOL.
__________________
A person, who is nice to you, but rude to a waiter, is not a nice person. (This is very important. Pay attention. It never fails.)
  #5  
Old 03-15-2005, 10:43 PM
Member
 
Join Date: Jan 2005
Posts: 106
Read your 401K paperwork, Some will state there is a surrender fee most are if the plan is terminated in the first year, some the fee drops every year until the fifth year when it has no fee. This usually follows your vested percentage the higher your vested portion becomes the lower the fee.When your fully vested the fee no longer applies
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 02:14 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.