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Brett Smith

403(b) public school employee. Need advice

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Met with advisor in 2009 and agreed upon “moderately aggressive” portfolio.   Realized in 2015 all monies going to a money market. Unhappy, Met with advisor to plan new course of action.  2019 Just realized majority of money still sitting in money market. 

Missed out on last 10 years   What recourse  do I have for his inaction and incompetence?

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You will need to consult with an attorney. 

There are lots of questions - is this your personal advisor? An advisor for the whole plan? An advisor the school hired? 

Not all plan advisors have the authority from the plan to actually move money. Some will help participants pick investments, fill out investment change forms etc, but in those cases it's the participant actually making the change, or instructing the financial institution to move the money from one fund to another. 

Also, there were 6 years from 2009 - 2015, and 4 years from 2015 to 2019, one of the first questions asked will be why didn't you notice the issue sooner? 

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Thank you for the quick reply.  The advisor verbally admitted today, “We fell through the cracks”.  He is the advisor only for my and my wife’s 403b accounts totaling $100,000.00.   He and I consulted, twice, on our risk profile and he was to transfer money into diversified accounts based on this conversation   After 2015 mtg he did release monies into 5 funds that have done very well and that I receive monthly info on.  I assumed, at my own peril, all money from that point forward would be going into those 5 funds.  However, as of today, 60 about of the 100 thousand still sitting in money market. 

I fully realize my negligence here also by being an uninvolved investor. My belief has been  the advisor has been charging fees and managing my account  in my wife and my best interest.  He did virtually nothing.

Unfortunately, since I work for a public school district ERISA rules/regulations do not apply.  

 

 

 

 

 

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You should talk to an attorney in your state regarding potential liability.  The statute of limitations and your failure to review statements in a timely fashion is an issue you may wish to raise with the attorney.

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