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Asked 5/7/2010

Is there a legal timeline a company must follow for a 401k distribution?

I left my job 1/23/09. prepared forms for a distribution. 3 months later I was told a distribution couldn't be done until 12/31 of the year I left. January 2010 I was told it now had to be valued. March I was told it was valued and I needed to redo the paperwork. April I received the paperwork, which said distribution on the profit sharing would be May1 and cash value May 2. Now they say they are "working on it". Exactly how long can they drag this out? Everytime I turn around they come back with a different story and date. It would seem cutting the check would be all that was left to do.

 
 
 
 
 
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Answer 1/1 - Submitted 5/7/2010

The US Department of Labor oversees compliance of 401k plans. I'd call them for guidance, as you are correct, dragging this out for over 16 months is ridiculous, and to me, raises suspicion that they took your money and may be trying to cover up misappropriation.


http://www.dol.gov/ebsa/compliance_assistance.html

 
 
 
 
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