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Asked 1/2/2010

Is my husbands employer stealing his 401k?

My husband is working for a company on prevailing job wages and yes they are suppose to have this 401k or no job! My question is I know they can hold the money up to 90 days before depositing it in his 401k! It's been 9 months and not even a quarter of how much he contributed is in his account! His paycheck says it is but his 401k account shows otherwise! When the employer was contacted they say we are behind on paper work! Now by law they can hold it up to 90 days! I think that 9 months is to long and with going into the new year and it still not showing up in his 401k account, are they stealing his money?

 
 
 
 
 
Answers

Answer 1/1 - Submitted 1/3/2010

It is doubtfull they are stealing it, though he could be losing (or saving) money by it not being deposited and gaining or falling with the market.
They don't have 90 days.. the ERISA guidlines give employers until the 15th business day of the month following the deduction to deposit funds. If this is administered by a small administrator and the company itself is not that on the ball, it often takes longer. 9 months is a lot, but I have seen it before with smaller companies, especially construction companies.
There is not much that can be done but if it continues you can contact your state's attorney general to complain. I have seen employers have to make a "lost earnings " contribution to make up for what that money could have made, had it been deposited.
Whom did you speak to?: The employer or the adminstrator of the plan?

 
 
 
 
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