Donna_in_PA
Junior Member
What is the name of your state?What is the name of your state? Pennsylvania
First, please forgive my ignorance. Before last week I didn't even know what an ESOP was. Now I have initials streaming out of my ears.
My husband has worked for company X since July 2002. He worked for the same company prior to that, had resigned to take another job, then was rehired at company X just under a year later.
Last week he found out the company has a Defined Contribution Plan ESOP. He discovered this when one of his crew happened to mention the Plan. My husband called his company's Plan Administrator and asked why an employee was included in the plan and he wasn't (husband is an hourly employee, also). The Admin. was pretty rude to him. He looked at his computer and said "Nope. You're not there". He said he'd have to call payroll and find out when his date of hire was and wouldn't discuss it further.
The next business day, the Administrator called back and was just super nice (which raises a red-flag immediately). He told us that due to an "Administrative Error" my husband was left off the plan and he'd correct it making sure my husband got all he was entitled to. He told us it would be about 6 months before we would get any paperwork/info. We asked for a copy of the Summary Plan Description. At first he said no - it would come with the other papers. Then he changed his mind and did send a copy of the SPD (without any of the modifications).
Some background which may or not matter: The person who hired my husband on both occasions - we'll call him Mr. Jones, General Foreman, - left the company less than gracefully. Mr. Jones' father, the prior Chief Operations Manager, was "removed" from the company. My husband is the last remaining employee who was hired by Mr. Jones and is often called 'The Last of the Jones' (and often very derogatory names that include Jones in them) by the new Chief Operations Manager and General Foreman (who, coincidentally, are father and son). There is very bad blood between the old father/son and the new father/son bosses... My husband has been denied certain perks given to other foremen with less time on the job. Nothing illegal, just a strong reminder that he was hired by the old boss and isn't one of the boys.
Back to the present. The plan administrator accidentally??? called my husband Mr. Jones both times. Anyway....
I would like to request a summary of the Plan's annual financial report, form 5500 from at least the years 2000-2005, material modifications to the plan, and other documents which, if I understand correctly, my husband is entitled to under ERISA. I'm seriously worried that if my husband requests these documents it would put his job in jeopardy. This company has a history of creating paper trails out of thin air and retaliation against employees.
What should we do?
From the 2nd phone conversation with the Plan Admin he intends to include my husband in the Plan as of the 2002 date and not include the previous time with the company for vestment accrual purposes. The Plan Admin called the 11 months a one-year break in service. Also when he gave us the general eligibility info via phone i.e. - 21 years of age, no breaks in service, non-union, and must work 1000 hours in the year, I was curious about the NO breaks in service, but knew better than to ask.
Can you help me understand the Breaks in Service, the vestment accrual for prior employment, etc.? Is there a website with a detailed layman's translation to help me? We're pretty nervous about stirring anything up.
Thank you in advance for your help.
Donna
First, please forgive my ignorance. Before last week I didn't even know what an ESOP was. Now I have initials streaming out of my ears.
My husband has worked for company X since July 2002. He worked for the same company prior to that, had resigned to take another job, then was rehired at company X just under a year later.
Last week he found out the company has a Defined Contribution Plan ESOP. He discovered this when one of his crew happened to mention the Plan. My husband called his company's Plan Administrator and asked why an employee was included in the plan and he wasn't (husband is an hourly employee, also). The Admin. was pretty rude to him. He looked at his computer and said "Nope. You're not there". He said he'd have to call payroll and find out when his date of hire was and wouldn't discuss it further.
The next business day, the Administrator called back and was just super nice (which raises a red-flag immediately). He told us that due to an "Administrative Error" my husband was left off the plan and he'd correct it making sure my husband got all he was entitled to. He told us it would be about 6 months before we would get any paperwork/info. We asked for a copy of the Summary Plan Description. At first he said no - it would come with the other papers. Then he changed his mind and did send a copy of the SPD (without any of the modifications).
Some background which may or not matter: The person who hired my husband on both occasions - we'll call him Mr. Jones, General Foreman, - left the company less than gracefully. Mr. Jones' father, the prior Chief Operations Manager, was "removed" from the company. My husband is the last remaining employee who was hired by Mr. Jones and is often called 'The Last of the Jones' (and often very derogatory names that include Jones in them) by the new Chief Operations Manager and General Foreman (who, coincidentally, are father and son). There is very bad blood between the old father/son and the new father/son bosses... My husband has been denied certain perks given to other foremen with less time on the job. Nothing illegal, just a strong reminder that he was hired by the old boss and isn't one of the boys.
Back to the present. The plan administrator accidentally??? called my husband Mr. Jones both times. Anyway....
I would like to request a summary of the Plan's annual financial report, form 5500 from at least the years 2000-2005, material modifications to the plan, and other documents which, if I understand correctly, my husband is entitled to under ERISA. I'm seriously worried that if my husband requests these documents it would put his job in jeopardy. This company has a history of creating paper trails out of thin air and retaliation against employees.
What should we do?
From the 2nd phone conversation with the Plan Admin he intends to include my husband in the Plan as of the 2002 date and not include the previous time with the company for vestment accrual purposes. The Plan Admin called the 11 months a one-year break in service. Also when he gave us the general eligibility info via phone i.e. - 21 years of age, no breaks in service, non-union, and must work 1000 hours in the year, I was curious about the NO breaks in service, but knew better than to ask.
Can you help me understand the Breaks in Service, the vestment accrual for prior employment, etc.? Is there a website with a detailed layman's translation to help me? We're pretty nervous about stirring anything up.
Thank you in advance for your help.
Donna