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Showing content with the highest reputation on 04/08/2016 in all forums

  1. 4 points
  2. It's probably all about how the account(s) was/were set up in the first place. There's "right" and there's what is in their system. Might be able to convince them they fubar'd it in the first place but they might want to "re-paper" it all. Good luck...
    2 points
  3. Agreed - see 1.415©-1(b)(6)(i)(B). Technically that would make it on or before 4/14, as it is 30 days as Lou mentioned.
    1 point
  4. My guess is someone at the brokerage house also doesn't understand who really owns the account. While it might look like the participant owns the account the reality is the trust does. As such the trustee can do what is being requested. It might help to try and get them to see that fact.
    1 point
  5. I'd be curious to know which FINRA rule they're talking about if you can get a citation out of them.
    1 point
  6. The answer to your question is yes, as an alternate payee you are entitled to plan information like any other beneficiary of the plan. Whether the plan recognizes you as an alternate payee may be why you are not receiving information. After the court signs the domestic relations order it must be sent to plan administrator for review. If the plan administrator qualifies the order then the plan administrator recognizes you as an alternate payee and you should not have problems. If the order was not qualified then there is still work to be done to protect your rights under the plan. Contact the plan administrator or their service vendor to determine if they received the order and whether it was qualified. If it was not received or not qualified then you need to talk to your attorney. If it was qualified then pursue further with them why you are not receiving information or responses. It is possible they have a bad address for you and the info is going somewhere else.
    1 point
  7. Been awhile since I've run into this but informing them that they are taking on direct fiduciary liability for ignoring the Plan Trustee's written direction often gets them moving in the right direction.
    1 point
  8. That web page looks a lot like a condensed version of the 2004 Carol Gold memo on the subject. https://www.irs.gov/pub/irs-tege/directive.pdf
    1 point
  9. 401king

    Loan

    I don't see how a fiduciary could approve a loan knowing that the participant cannot make the loan repayments. I would not want to put myself in that position.
    1 point
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