10 ways to spot 401(k) abuse
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"Under the Pension Protection Act of 2006, people who are in self-directed, defined-contribution plans are required to get quarterly statements," says Jeanne Medeiros, attorney and legal coordinator with the New England Pension Assistance Project in Boston. "If you are in a nonself-directed plan, it's annual."

If you're in doubt as to what type of plan you're in, contact your plan administrator.

Tip: Check your Summary Plan Description, or SPD. This document spells out the rules of your 401(k) plan in simplified language. You should have received an SPD within 90 days of joining your company's retirement plan. You have the right to receive one, free of charge, by writing to your plan administrator.

2. The numbers don't add up
Check your paystubs, add up your contributions to date and make sure your 401(k) account is off by no more than one or two pay periods. With many 401(k) plans today, especially the larger ones, you can access your account via the Internet and monitor the date of your last contribution, including the amount. If you're still not satisfied with how the numbers add up, alert someone in your company.

"Start with your employer's representative," says Bill Howell, Certified Financial Planner, Certified Public Accountant and head of Howell Financial Advisors in Noblesville, Ind. "They (plan participants) should first be proactive with the employer; then the plan provider (such as Fidelity or Vanguard) and if you're still not satisfied, you should file a complaint with the Department of Labor."

Tip: The Department of Labor, or DOL, says workers with questions or concerns about their 401(k) plans should call 1-866-444-3272. The agency has employees available to answer questions and follow up on complaints.

3. My contribution is always late
"If you're paid twice a month and you're not seeing a fractional amount go into your account at least monthly, that's obviously a sign there may be mismanagement issues," says John Hotz, attorney and deputy director of the Pension Rights Center in Washington, D.C.

Employers of all sizes generally have no more than 15 business days after the end of the month in which they withhold your 401(k) contribution to deposit it into your plan's account. However, the DOL is proposing a new safe harbor rule. It would require plans with fewer than 100 participants to deposit employee 401(k) contributions within seven business days of receipt or withholding. While for now, the proposed rule applies only to small plans, the Department of Labor is studying the merits of applying it to larger plans.

"When employee and employer contributions don't get into the plan in a timely fashion, they become issues that are right in the bull's eye of the kind of enforcement work that the DOL is doing," Hotz says.

Tip: The Employee Benefits Security Administration advises consumers who have information that plan assets are being mismanaged or misused to contact your local EBSA office.