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<<Arthur has money in a 401(k) with a former employer. The 401(k) only has 2 investment choices, both poor, so Arthur would like control of his money ASAP. The plan will not allow a rollover to an IRA until the employee is 59 1/2.

I thought that ERISA required the plan to allow a rollover on termination, but when I checked it seems the company does not have to allow a rollover until the ex-employee reaches age 65. It does seem that by offering so few choices the trustees have failed to exercise its "get out of lawsuit free" card, so they could be sued for failing to exercise their fiduciary responsibility to the employees in the 401(k).

Is the plan legal? Is there a relatively cheap way to force a rollover? Must this be chalked up to experience?>>

As KAT said, it is legal as long as the plan documents provide for it. Rare these days, maybe, but perfectly legal. I'll second the comment about making a pest of oneself as well. It may not work, but as we all know it's the squeaky wheel……..

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