Leaderboard

It depends on the jurisdiction you are in, but if you are not a party to the lawsuit, then you have every right to be paid not only for the work but for any copies produced. Usually, it is sufficient to make the records available in your office for inspection by counsel - and if that doesn't work, consult your own counsel who can advise you more appropriately.

It depends on who you murder, and whether or not the missed amendment has any material impact on *my* benefits in the plan.... [snark!]

Think about it. There are no statue of limitations on either late amendments or murder. Though I am sure you are a Saint.

Simply put, because if you move them to an IRA - THEY ARE OUT OF THE PLAN AND NO LONGER A POTENTIAL PLAINTIFF against plan fiduciaries. One could argue that the only remaining liability for the plan fiduciaries is the decision to put the account with the selected IRA custodian - but the DOL provides guidance on how to do that - and once you've done that, the "statute of limitation" does begin to run. Fees taken by the IRA custodian are NOT the responsibility of the plan fiduciaries. It is a classic case of, as a participant, "you snooze, you lose" BUT that isn't the plan's concern. I have a problem with "forfeiting" subject to later restoration. Restore what? Only the principal forfeited? What about lost earnings? IF the missing participant is STILL a participant, does not the fiduciary have a continuing obligation to make the assets productive (trust law 101)? Can not the participant come back years later and demand that the account be restored with investment earnings? The interesting thing about "participant directed" 401(k) plans is that the trustee/fiduciaries are ONLY relieved of investment loss liability IF the participant ACTIVELY manages the account. If they don't, a solid argument can be made that the fiduciaries have an obligation under ERISA to manage the money prudently....