Mandatory 401k and health Insuarance

[macster1]

I work here in North Carolina for a contractor on a government contract in June of this year we started losing our health and welfare pay and we were told that we have no option on this and was told you can participate in the health insurance that was offered and if you did not want the insurance the money was going to be put in a 401k no matter what. first of all I am retired military and I do not need this insurance and there are 3 other employees that work with me who are retired that dont need it, second this is not a 401k they don't match the amount or any portion of it, what is even more disturbing part this is that they are 4 payments behind that was supposed to be put in our 401k which equals out to be $1600.00 and we are told that each payment takes up to a month to post in our 401k. With the world of technology how is this so and were is the $1600.00 worth of money at. Please can someone tell me if this is legal.
Thanks

 

[FlyingRon]

There is no requirement that a 401(k) have a match. They're free to make whatever contribution schedule they want as long as it is consistent with the plan documents.

 

[single317dad]

If you feel some law has possibly been violated, you should contact your state Department of Labor:

http://www.nclabor.com/

 

[cbg]

For the average private employer, the only part of this that is illegal (assuming, as Ron says, that it is consistent with the plan documents) is being behind on the 401k contributions. I'm not up to speed, with the new health insurance regulations, on how employers with government contracts are affected differently or if they are. I also have no way of knowing whether it's consistent with your plan documents. But the appropriate regulatory agency in this case is not generally the state DOL (though that would have been the correct answer for many employment law questions). If you feel there is a violation regarding health insurance, you would contact your state insurance commission; 401k violations should be addressed to the US DOL.

 

[davew128]

They're not even behind on the 401(k) payments. These aren't employee contributions, they're employer contributions which aren't required to be made until the extended due date of the employer's tax return NEXT YEAR. How do I know this? Because it wasn't wages being offered to pay for the health insurance.