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Asked 3/21/2008
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401k laws How long does an employer have to deposit 401k dollars from you check into your 401k plan? are there any penalties? |
Answer 1/3 - Submitted 11/4/2009
Deposits into a 401k account must be made in a "timely" manner. If you do not see your deposits within two weeks of the time they are taken out of your check, you can to the following:
1. Ask you company HR department why the deposits are taking so long
2. Ask your 401k provider why the deposits are taking so long
Answer 2/3 - Submitted 11/5/2009
"Technically" reasonable timeframe is defined as the 15th business day of the month following the deduction from your paycheck. After working for an administrator I know this OFTEN does not happen. Some employers send them every pay period, some once a month...some rarely. There are no technical penalties, but you can file complaint if they are extremely bad. In some cases they have to make a "lost earnings" contribution, meaning the money that was not deposited could have made money if invested... This becomes a problem if loan payments are not sent in frequently, as some companies will default them quicker than others. Speak to your HR>.. let them know you know your rights.. your states' AG or Department of Labor can help if they do not listen
Answer 3/3 - Submitted 5/7/2011
The U.S. Department of Labor (DOL) requires the deposits be made as soon as feasibly possible, but no later than the 15th of the month following the month of the payroll. The DOL wants to see that your employer is consistent with the contributions to the plan, for example, if your employer consistently deposits the 401(k) contribution within 1 week of payroll and then makes one deposit 3 weeks after the payroll the DOL could consider this a violation even if it was prior to the 15th of the following month. Your employer can be penalized by the DOL if this is not happening and it is one of the more common violations that the DOL cites employers for. I would first mention to your HR department your concern and if you think they are still taking too long and violating the requirement your other option would be to contact the DOL. The U.S. Department of Labor contact information can be found at www.dol.gov.
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