401K etc

[fgs]

I have been trying for a couple of months to get my 401K from previous employer and sign up for the Cobra insurance option. I have written letters to them, registered mail, and all have been ignored. The brokerage company that I want to handle the 401K transfer tells me that I must get a package from the company before I can transfer the funds to them. The federal time limit on Cobra election is 60 days, and that is running out. Do I have any options here to force this big company to provide these things to me that I am entitled to? Is there a federal department that can help? How do they get away with not providing these things? The applicable state is Georgia.

 

[cbg]

Relax.

COBRA: Yes, it's 60 days, but if they haven't sent you the information yet, the clock hasn't starting ticking. The agency you want to talk to is the US DOL.

401(k): It's entirely dependent on the plan document. It's entirely possible that your plan only allows distributions at specified times of the year. However, if they are holding up COBRA also, that's suspicious. I'm not sure whether it's the IRS or the DOL that handles 401K issues; I suspect the IRS.

 

[fgs]

Thanks. Is the company responsible for medical expenses incurred in the interim since they are preventing me from signing up for the Cobra?

 

[cbg]

Your COBRA will be retroactive to the first day your coverage was termed, so that won't be a factor.