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Subject:  Re: Is my 401(k) provider playing funny games? Date:  12/18/1998  8:45 AM
Author:  TMFPixy Number:  7360 of 90528

Greetings, FreeFlyingFool, and welcome. You asked:

<<I'm not sure if this is the right board for this question, but hear me out. My employer switched to Prudential as its 401(k) provider a number of months ago. In the months since then, a few of us have noticed some strange games going on with regard to the timing of deposits. We're paid monthly, and you might be tempted to think that our retirement money would therefore be deposited monthly. Oddly, that's not the case.

Sometimes, no money is deposited in a given month. Other times, we see a double deposit. Still other times, the right amount of money goes in, but it's delayed (for example, the money from my September 1 paycheck wasn't actually invested until October 9th).

I have several questions:

1) Is this in any way normal?
2) Is this in any way legal?
3) Does anybody else have a similar story?
4) Is this more likely the fault of Prudential or my employer?>>

Your employer has until the 15th business day of the month following the month of the deduction to deposit your contribution into your 401k account. In the example you cited, that time limit was met. However, if that's not the case with other deposits, then you have legitimate grounds for a complaint and should pursue the matter with your employer. The rules are quite clear and quite strict. If your employer cannot provide a satisfactory explanation and/or if the problem persists, then you should complain to the Department of Labor, the government agency response for enforcing this requirement on employers.


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