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Asked 12/12/2011

401k

My husband was employed with his employer for 7 years and the company laid him off and then the company eventually shut down. When he got laid off he signed papers for his 401k to go to a edward jones accountant .when we wanted to borrow on it we called the accountant and they said his employer never rolled over his 401k. so now the company went under and still no response on his 401k .everytime he calls his past employer about this they ignore him....he left voicemails,sent emails and still no answer....is this illegal for this past employer to do this.he wants his 401k.

 
 
 
 
 
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Answer 1/2 - Submitted 12/13/2011

You need to find out who manages the 401k. If it actually was the employer, then yes, this is probably illegal. The same goes for if it was a mutual fund.

However, you may just not know the actual administrator. Try to dig through records or find some kind of contact for the old company. If all else fails, send a certified letter via mail and request receivable confirmation. This will ensure that you know whether or not someone has actually gotten it.

If that doesn't work, then it's time to talk a lawyer. They may be able to file a case or send more threatening correspondence to get a response. Hopefully, the money hasn't simply disappeared. It's probably a misunderstanding, but be on your guard in any case.

You'll want to complete the rollover as soon as you can once you get a response.

 
 

Answer 2/2 - Submitted 12/13/2011

The person above is correct that the 401k plan should have been administered by a company and if so, that is who you need to contact. This would be reflected on the quarterly statements that you recieved. If it was handled by your employer then, you will need to hire an attorney. In some instances just a letter from an attorney is enough but, if your employer liquidated the accounts (which is illegal) your money could be gone. Your ex-employer would be prosecuted but it doesn't help you get your money back. Hopefully this is not the case. As far as a loan you can't take one out on your 401K any longer. Once you are no longer employed you cannot take out a loan on your 401K plan. You can take a widthdrawl. There are disadvantages to doing this though. You are going to be subject to not only a 10% penalty but also the amount you take out will be added to your income and you will be taxed at your regular tax rate on this amount. If the amount you take out moves you to a new tax bracket the amount you owe could be significant. Just be aware of this prior to taking the money out. I hope this works out for you I have know people who have lost their entire retirement accounts when businesses went under. I hope this is not the case for you.

 
 
 
 
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