401k requests ignored

[rwm]

What is the name of your state? LA

i quit my former employer last year. i was not given forms to rollover my 401k funds. neither was i given a plan description document when we switched to this plan last year. the only thing we were given was a planning guide from ADP (plan trustee?). i have requested a rollover form 3 times and have been either ignored or told the plan administrator is "too busy" with other issues. (BTW, this is a small company with about 15 employees). is there a law or DoL or IRS policy that requires them to furnish me with these forms in a timely manner? and ADP's website says that cannot communicate directly with plan participants.

 

[Beth3]

I can't quote you the section of ERISA that applies but yes, your employer must provide you a Distribution Request Form in a timely manner upon request.

I suggest you send a nicely worded letter to the CEO/President explaining that your repeated requests for a Distribution Request Form so that you can withdraw your 401(k) monies have been ignored and that if you do not receive the form by [reasonable date], you will be left with no alternative but to file a complaint with the federal Department of Labor - which you'd hate to do over a matter that can be resolved so simply and quickly.

If that STILL doesn't result in your receiving the form, then by all means contact the DOL and file a complaint.

 

[rwm]

unfortunately, the plan administrator is the CEO's wife...

 

[pattytx]

Are you sure CEO's wife is not just the Benefits Administrator? The Plan Administrator is the company that receives the funds from the company, and is responsible for investing them according to your instructions, provide you with annual statements, etc. In other words, takes the fiduciary responsibility.

And even if CEO's wife did have that responsibility, so what? A violation is a violation.

 

[Beth3]

Ditto to what Patty said. So what? If the CEO's wife IS actually the Plan Adminstrator, then the CEO has taken on massive fiduciary liability for the Plan which most employers understandably avoid like the plague. I expect the CEO's wife is just handling internal administrative stuff on the 401(k).

I still think you should send the suggested letter to the CEO. (a) It's nicely worded, and (b) what have you got to lose?