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401k problem

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Florida My wife’s employer has a 401k plan, she signed up for it last year in October. At her employer’s suggestion, she elected to have a large % deduction to catch up for the year. As each paycheck came, there was no deduction and she contacted the HR department every time and was assured that things would get fixed. Finally in late December with nothing having been withheld HR asked her to FedEx them a check so they could make her contribution before the end of the year. Well nothing happened and it is now 2006, right now, we are not even sure what happened to the money we sent to the HR department. So far, all she has gotten is the runaround.

My question is what can the employer do at this point; can they still put money into her 2005 401k? What about the employer match she was supposed to get? It would help us to understand what he employeer could still do legally, and what we can reasonably ask them to do.
 



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