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401(k) warning signs
It pays to examine your statement to determine if someone is treating your 401(k) account like a personal ATM.
Securing retirement

10 ways to spot 401(k) abuse

9. They keep switching the fund firm
Frequent changes in investment managers or plan consultants could indicate that your 401(k) plan is in trouble.

Tip: You can find out if key plan personnel quit or were fired during the year by looking at items 25c, 25d and 25e on Page 4 of Form 5500. You'll also know if there were any questions about their professional judgment.

10. Your company is in dire financial straits
Employers that are having trouble paying bills may be tempted to use retirement plan funds to keep vendors and creditors at bay. The problem is more common at smaller companies without a designated employee to manage the company plan, according to Hotz.

"If the company can't meet payroll or get their vendors paid, there's not always enough money at the end of the month when it comes time to drop a payment into the 401(k) plan," he says. "They (401(k) plans) can have a tendency to be the last on the list to be paid and that can be troublesome."

You should always pay attention to any information about your company's financial health. Have there been layoffs recently? Did your employer have to borrow money to keep afloat? These could be warning signs that your company is in trouble.

Tip: If your employer declares bankruptcy, your pension assets should generally be safe because ERISA (massive regulations that govern 401(k) plans) requires pension benefits to be adequately funded and pension monies kept separate from an employer's business assets, according to the Department of Labor's EBSA.

You'll want to contact your plan administrator to find out how the plan will operate during and after your company's bankruptcy. If you can't get information from your plan administrator, call EBSA for assistance.

For more information about your rights as a 401(k) participant and who to contact when malfeasance is discovered, see Bankrate's work sheet, "How to protect your 401(k)."

-- Posted: July 28, 2008
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