Previous Employee wont transfer 401K to new employeer!

[halfceo]

What is the name of your state? IL

Worked with previous employeer for 10 years. The employeer is the trustee of the 401K and I have no access to it. Accumalated X - amount in 401K - Switched employement in August 2006. Asked for 401K transfer from previous employeer. Old employeer asked to fill out paperwork - all paperwork has been completed in October 2006. Been calling every 2 weeks since then (probably should have sent email - for records) asking what the status is, have been getting the run around - "Its in process, its in process."

How long can my previous employeer keep my 401K?

When I call 401K provider - they say I am not trustee of account, I have no access - What can I do?

I thought about calling the Federal Labor Department - but I dont know if they are the right place for me to start. - That is where my online research ended.

Thanks in advance for any direction and/or help!
Halfceo

 

[cbg]

The plan document will determine how long the employer has to make a transfer, if they may do it at all. I've seen plans that only allowed annual distributions (of any kind); if the payouts/transfers/rollovers were made in January and you quit in February, you had to wait till the following January.

Also, it happens rarely, but it does occasionally happen that the plan document limits the types of plans they can make a transfer to. If the new employer's plan is not authorized, they can't make the transfer legally at all.

 

[halfceo]

I have found this out as well! I dont have the plan documents since he was the original trustee of the 401K account. When I asked for a copy of the plan document in October of 2006 (when I started to get suspicious) - he said I will get it sooner or later - BUT to this day I have received nothing... Is he legally entitled to provide with any information? Or would it be best to get a lawyer for this - I am getting a feeling this run around will sooner or later turn to complete ignorance of the matter....

 

[cbg]

You might ask the US DOL for help in getting the plan document.