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401k forfeiture resulting from error in ACP test calculation

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joanh

Junior Member
IL

A forfeiture was charged to my 401k account due to a caculation error by the company that manages the plan. As a result, five months later I received a check for part of my contributions, but not the assocatied match or earnings on the forfeiture amount. I believe that they should correct their error and restore my account to where it would have been had they correctly calculated the ACP test.

This is what I was told by the plan administrator:

"Sentinel calculated our IRC401(m) or commonly referred to as ACP test using the wrong year to date figures for you. As a result they concluded your contribution exceeded the plans 15% allowed. They took your YTD and divided your yearly contribution into it. It was higher then the 15% that the company allows. What they needed to do is confirm those figures below making the adjustment, but they did not. Even though they were wrong, there is nothing I can do to have the forfeiture amounts reversed, it is against the IRS's rules and regulations. As a result, you will
receive a 1099R after Jan. 1st and a check for the before mentioned amount."

Is what they did legal? If not, how should I proceed to have them correct my account.
 


Beth3

Senior Member
I've read that three times and I'm still not following but it probably doesn't matter because I'd give you the same advice anyway. Contact the federal Department of Labor. They have governmental oversight on all employer ERISA qualified benefit plans. 202-693-4650 www.dol.gov
 

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