Hello:The company I work for took money out of my pay without my consent, for their 401K scam.They claim it is legal, and I say it's not, as they never asked my consent, nor did I ever sign up for any 401K scam.They refuse to refund my money, they claim they "can't".I have spoken to an investment lawyer and he says they CAN, all I have to do is fill out some kind of special paperwork, but I lost the the information that the lawyer gave me, including his info! I know, Im a fool. (The lawyer claimed it wasn't enough money to sue over, so he said nobody would touch my case)What is the name of the documents or paperwork I need to fill out in order to get my money back that the company obviously stole from me?
They probably gave you some paperwork that said they "auto enroll" you unless you elected out. These are completely legal, here is the IRS website documenting some of the provisions:https://www.irs.gov/Retirement-Plans/FAQs---Auto-Enrollment-...In fact the government "likes" these programs as not enough Americans are saving for retirement. Some plans allow the contributions to be refunded (like you are requesting), but only if it is in the plan document. These plans are called EACA plans. Most plans do NOT allow these.See the bottom of page 3 here.https://www.prudential.com/media/managed/FinalQACAEACARegs-P...
401k plans are not scams. They are widely accepted retirement plans.Your employer did not steal your money. It is in an account in your name.You probably, perhaps unknowingly, signed up for the 401k by not opting out of the plan as part of your new employee orientation.How many pay checks have had the deductions made? How much total dollars are involved?If you really don't want to participate in the plan you should stop the deductions for contributions. See your human relations or payroll department to correct it.I don't know what the process might be to get the money back in your hands for the contributions already made. Again your human relations, payroll, or 401k plan administration would be the source of this information.
I followed their protocols when I started this job to opt out of this scam, and they stole money from my paycheck anyway.Other employees that had this happen to them, they got their money refunded with NO problem what so ever. For some reason they are refusing to refund my money.I have been looking for another job, but with all the BS you have to go through to find another job, it is difficult. I don't like working for corrupt companies, although thats all that seems to be around anymore.The lawyer told me they CAN refund my money. I just need to know what the documents are called that I need to fill out to get my money back.
It IS a scam, as I followed their protocols to opt out of this scam when I was hired. And yes, it is a scam. The IRS and the government have NO business telling ANYONE they can have access to MY money that I worked for, without my PRIOR CONSENT!It is just another way for the government to screw people over for more money. And it is not my money if I cannot get it back. It was stolen from my pay without my knowledge and without my consent.The IRS has NO jurisdiction over telling ANYONE they can have access to ANYONES money for ANY reason other than standard taxes.This is unethical, immoral, and definitely illegal business practice.If the government wants to put money into a retirement account for me, then THEY can put all the tax money I've been paying over the years into such an account! I live from paycheck to paycheck and have medical bills and medications I can barely afford as it is. Some corrupt company stealing money from my pay for some IRS scam without my knowledge is outright theft!The lawyer told me they CAN refund my money, I just don't remember the name of the paperwork/documents he said I needed to fill out, which is what I am asking for.Thank you
OK, It's a SCAM (tongue in cheek). Nobody's gonna convince you differently. I don't know what form you need. Good luck finding it. When you file the form expect to pay the back taxes due on it when you get it back (less those taxes). Right now your money remains tax deferred until withdrawn. You also are probably going to have to pay a 10% penalty for an early 401k withdraw.
The lawyer told me they CAN refund my money, I just don't remember the name of the paperwork/documents he said I needed to fill out, which is what I am asking for.I don't think there is a government form needed to accomplish what you want to do so the answer is probably with your employer or his plan administrator rather than anonymous internet posters.
As the other posters have pointed out, you most likely were auto enrolled into your 401k. By law, your employer must notify you before they auto enroll and give you the chance to opt out. If you do not opt out, the money starts being withheld in your name in an account in your name at a pre-set percentage. Usually companies start auto enroll at 3% of pay. You typically have 90 days after the first deferral to have the money refunded to you without any type of consequences. The form you need is a Distribution Form. Your employer should be able to direct you on your 401k provider's website or you may be able to submit this electronically online. Please know that this isn't a scam and it doesn't appear anything illegal was done. I know it can be frustrating, especially if money was withheld from your pay and you didn't expect it. If more than 90 days has elapsed, you may be subject to a 10% withdrawal penalty. Otherwise, the money should be refunded to you and it will be included in your taxable income as it normally would have been.
"You typically have 90 days after the first deferral to have the money refunded to you without any type of consequences."In my experience, this is not necessarily true. The law ALLOWS plan sponsors to provide a 90 day window to reverse auto enrolled contributions by DOES NOT REQUIRE IT. In my experience, many (if not most) plan sponsors do NOT allow this - as it is an administrative nightmare and one that recordkeepers have difficulty with.
You typically have 90 days after the first deferral to have the money refunded to you without any type of consequences.In my experience, this is not necessarily true. The law ALLOWS plan sponsors to provide a 90 day window to reverse auto enrolled contributions by DOES NOT REQUIRE IT. In my experience, many (if not most) plan sponsors do NOT allow this - as it is an administrative nightmare and one that recordkeepers have difficulty with.Even if the OP's company does allow a 90 day window to reverse the auto enrolled contributions, the OP is beyond that period at this point. The same poster was on this board about 6 months ago, with the same issue (except, instead of calling it a scam, the OP was accusing companies of being corrupt in that thread): http://boards.fool.com/401k-options-31842774.aspx?sort=whole...At that time, the OP got pretty much the same answers, which were:- It's legal- You have to work it out with your company and their administratorAJ
At that time, the OP got pretty much the same answers, which were:- It's legal- You have to work it out with your company and their administratorThat's funny, that seems to be the same advice this time.
That's funny, that seems to be the same advice this time.Yeah, what I find even more funny (or maybe more sad) is that in the first thread, the OP starts with:Hello:I would like to sign up with a 401KNow, the OP seems convinced that 401(k)s are scams and seems to be willing to suffer tax penalties to withdraw their money. I guess that when one keeps looking for conspiracies, eventually everything looks like a conspiracy.AJ
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