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Asked 10/2/2009

Is my employer stealing from my 401k?

There already exist a question regarding forced 401k contributions at this website with no answer. I will ask again.

My employer has forced myself and my co-workers into a 401k plan that does not provide timely updates. Accessing your account requires a fee.

According to all I have researched, if the 401k provider (in this case, The Hartford) repeatedly refuses to sent timely updates of your account to you, this should be a 911 alarm that indicates illegal activity.

How do I get my employer to abide by the regulations regarding 401k info?

 
 
 
 
 
Answers

Answer 1/13 - Submitted 10/2/2009

The only recourse would be to file a report with the State Labor board. Accessing your account for a fee sounds very irregular. They also cannot "force" you to participant. They can start automatic enrollment, which will automatically deduct usually 3% to begin with increasing 1% each year -- however you can opt out of that if you wish.
Statements should be provided quarterly some plans only yearly however.. depends on the plan.. are you sure it is a 401(k) you are involved with?
While these plans are strictly regulated, they are often allowed to not follow rules..
many employers take months to send contributions into the administrator--and not much is done to them... (fines in some cases, lost earnings contributions requ'd but nothing major)
You must be able to access your account if it is self directed (you are responsible for investment direction)
If you ask your employer for a SUmmary plan document, you must be provided one within 30 days.. get one, read it, and notify them of the parts they are violating.. again state labor board is your recourse if they are not following the rules set forth in the plan document.

 
 

Answer 2/13 - Submitted 10/2/2009

Yes, the employer did force us all into a 401k plan of their choosing. If you did not agree to the forced contribution, you had no job. Period. It was made a condition of employment. 1 fourth of your income was deducted to the 401k. Also these monies are considered Health and Welfare that are added to the regular hourly wage provided by the Federal Government for Contract Employees.
I made repeated requests regarding the legality of this issue and was stonewalled. So much for transparency in the government..
At the bargaining table with this company, they were hateful and greedy. Their greed for the forced 401k was beyond comprehension. It appears that their business plan presented to the government involved monies from this forced contribution. Something is seriously wrong here. The company president even tried to have me fired for using my First Amendment Rights. Short of going directly to the President of the United States, I am at a loss understanding how this can continue.

 
 

Answer 3/13 - Submitted 10/2/2009

OK.. sound like a prevailing wage plan. Yes you have no choice there.. they pay a certain rate with the agreement some will be put into a retirement plan.. no plan they would not have paid that rate.
They are correct.. you take that job, you take that plan..
still the fee, should not apply to simply having access... be assured though they cannot "steal" these funds. They are reporting what they contribute for you, as it is a benefit to them, and recordkeeping has to be done for these plans as well... I worked for the Hartford for bit, though in Commercial insurance, not the retirement portion.. Have you spoken directly to the Hartford?
Unions have benefits, but pit falls as well.
those of us in at will employement can be fired for no reason at all.. You have every right to have access to View your account, but the forced part, if it is prevailing wage (unions usually are) is completely legal.

 
 

Answer 4/13 - Submitted 10/2/2009

Ok. The "prevailing wage plan" is a new term to me. Please explain how this does not steal from my co-workers.
My guy that I have mutual funds with WAY before my employment with the Government is stating that the only way to have the obscene amounts of money put into my IRA from these people is to quit and take my losses.
As they are in effect, still stealing from me (my current employer) for their own agenda?
Are you saying that the Federal Government condones the practice of theft for a right to a job you are qualified for?
Help me and my co-workers, please. What a mess!

 
 

Answer 5/13 - Submitted 10/2/2009

They are putting the money away for your retirement.. so you will get it. The prevailing wage plans set a certain amount of the rate paid strictly for retirement. The company cannot pay it to you under this contract, but must invest it for retirement..
you will get it.. just not until you leave employment or reach retirment age. They do get breaks for this deal.. tax wise usually.. but technically they are not stealing, but paying you more than they normally would just deffering the extra until retirment. This is common in construction and union plans... There is no way out of it.. your guy is correct.. luckily prevailing wage plans have changed to make you immediately vested in that amount. There was a time they put that money away for you, but you had to work so many years for that company or forfeit the money... It is complicated because you have no choice.. but then again the employer would not be paying the wage they are without this provision. You can speak to the state labor board about your concerns... but it is legal.

 
 

Answer 6/13 - Submitted 10/2/2009

Too sad. Are you able to inform me about the awesome tax breaks my thieving employer has access to? This did not happend with previous employers. The Health and Welfare was paid direct into the check.
I have a man with wife/Cancer who used the HandW to pay health insurance. Now, he has nothing because the "company" has decided that stealing monies directed to the actual WORKING employees is a way to fund their payroll, for themselves. This pay for those connected with the 401k cannot be denied. Those that control the 401k get paid no matter what.........This is corruption at its finest. I feel you are giving me answers, but can you direct me to someone who cares about employees being ripped off to promote the stupidity of employers who had no business plan a regular person would have been required to provide?

 
 

Answer 7/13 - Submitted 10/2/2009

You can file complaints.. your attorney general.. the state labor board is the governing force for retirement plans..
If enough employees cause a stink they may have to change the plan

 
 

Answer 8/13 - Submitted 10/2/2009

Thanks. Not what I wanted to hear because the very people who took an oath to protect, only protect the $$$$ they get from corporations.

The Attorney General? In this area? Give me a break. We don't have the kind of money it takes to get that guy to listen. We work for a living and don't get a hand-out from big business to stick it to the working man.

In regards to the DOL, PLEEEEAZZZZE. You are lucky if someone is actually present at the DOL. They have an office here, but no one actually WORKS there.

Appreciate all your help. Still respect the people that raised you, that's a plus. You're a good person. Not much of that respect left in Virginia. It's all about the greed.

 
 

Answer 9/13 - Submitted 10/2/2009

The Internal Revenue Service in Fresno CA is the watchdog federal agency over 401k plans, If you feel that there are irrgeularities with the plan or its adminsitrators, write them a letter vocing yur concerns. Do not rant or rave about almost getting fired or being stonewalled or your 1st amendment rights. Give them facts not maybes or suppositions. Do not relate opinions from your buddies or other plan admisnitrators without giving up their names (whic will really make you popular). Be calm and professional. If the IRS feels a look at your plan is warranted they will do so, especially since your company deals with government contracts and other work. Just chill out and let calmer people look into the matter.

 
 

Answer 10/13 - Submitted 10/2/2009

The Internal Revenue Service in Fresno CA is the watchdog federal agency over 401k plans, If you feel that there are irrgeularities with the plan or its adminsitrators, write them a letter vocing yur concerns. Do not rant or rave about almost getting fired or being stonewalled or your 1st amendment rights. Give them facts not maybes or suppositions. Do not relate opinions from your buddies or other plan admisnitrators without giving up their names (whic will really make you popular). Be calm and professional. If the IRS feels a look at your plan is warranted they will do so, especially since your company deals with government contracts and other work. Just chill out and let calmer people look into the matter.

 
 

Answer 11/13 - Submitted 3/20/2010

Generally an employer CANNOT steal your 401k. However, if any employer tries to steal your money, you have some legal rights. The Employee Retirement Income Security Act of 1974 (ERISA) governs 401k plans. If a plan is orphaned, the U.S. Department of Labor (DOL) is responsible for protecting the assets.

For any help, you can call the Dept of Labor's Employee Benefits Security Administration at 202-219-8776 or toll free at 866-275-7922.

So, your 401k account is like any other investment account. You need to understand the risks and manage them in order to protect money. But if any employer tries to steal your money, it's illegal.

I hope this helps!

Thanks!

 
 

Answer 12/13 - Submitted 4/9/2010

You should not be charged a fee for accessing your 401K account.

They should be sending you regular quarterly statements in the mail.

First contact HR to see if there is some kind of misunderstanding.

If not, then contact the Labor Board and the Better Business Bureau.

You can also go on the BBB website to check out your 401K company.

 
 

Answer 13/13 - Submitted 9/22/2010

Just check with your local authority about your 401k status.

 
 
 
 
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