| 10 ways to spot 401(k) abuse |
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Tip: If your plan allows participants to direct their own investments, find out from your plan provider what investments are available and request a prospectus for the ones that suit your goals. Some plan providers allow you to request or access this information on the Internet. You may even be able to view your plan's SPD, which may describe your available investment options. It should be available free of charge.
However, if you find yourself in LaRue's situation, contact your plan provider first (Vanguard, Fidelity, etc.) and see if they can move assets over the phone or Internet. If they can't without employer approval and the employer does not comply, then contact the nearest EBSA field office.
7. Former employees aren't getting benefits on time
If former employees aren't getting benefits on time or in the correct amount, chances are that you'll have a problem sometime down the road, too. You can check if your plan lost money during the year. If it lost money due to criminal activity, it will show up on item 29b on Page 5 of Form 5500. You can also check if a fidelity bond covers the plan's fiduciary. A fidelity bond is a bond that protects plan participants in the event a fiduciary or other responsible person mismanages or misuses plan assets. A fiduciary is someone who handles your money and is supposed to act solely in your best interests. You can also find out how much the bonding company has to pay plan participants if monies are misappropriated.
Tip: If you suspect plan-wide malfeasance or misappropriation of benefits, you should contact the Department of Labor. If you have an individual benefit concern, you should report it to the DOL, but you may also want to consult an attorney well versed in pension law.
8. Employer or plan trustee got a loan from the plan
"One of my clients found out that plan funds were being held for two months before they were transferred," says CFP Robert Timineri, head of Sausalito, Calif.-based Total Return Advisory and Incentive Asset Management. "The company was giving itself short-term loans with client money."
Timineri says the plan provider noticed a usual pattern was broken and began an inquiry.
Tip: Form 5500 can alert you to unusual transactions, such as a loan to your employer, a corporate officer or a plan trustee. Check item 27b and 27c on Page 4 of Form 5500 to see if your plan is having trouble collecting loans owed to it. A separate listing of any defaulted loans or leases should be attached to Form 5500 if this is the case. Again, if you suspect the plan is being misused by plan fiduciaries, contact the nearest EBSA field office.
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