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LiteTouch

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  1. I want to thank everyone for the responses to my original posting. I have been in contact with the DOL. All I get from them is suggestions that lead nowhere. I have tracked down the names of people who were fiduciaries for the 401-k plan. My Question now is how to compel them to provide me with the document that describes the plan, which would provide proof that I was in fact vested in the plan. From my research, it appears that I would need a lawyer to send a demand letter 7 to follow-up with a motion in court to compel compliance. There is no legal-aid where i live. Some of the people I have contacted are named as fiduciaries of the plan, but have claimed to have no knowledge. I assume this is due to a major theft that the SEC prosecuted & they have financial exposure. The fiduciaries are extremely well to do, so yeah, they have exposure. So of course they are claiming ignorance. I am not a investment/retirement expert, I am just a retired person that is trying to recover funds that were reported a year after I left employment when the fund was rolled-over to a new plan when the firm was sold. The employers match is what has gone "missing". Does anyone know of anyone that acts as an advocate for someone in my situation, to help guide me through this process? I am not asking someone to do the work for me, just to advise me on how to proceed.
  2. Vesting requirement was 5 years. I was employed at the firm for 7 years. I left employment in 1989. The employer match was reported to S.S. in 1991. The plan was moved to another account when the firm was later sold. The remaining funds were last reported to S.S. in 1991. The subsequent plan was terminated in 2016. I was not contacted. Voya was holding the investments. I contacted them & they told me that there is a record of other personal accounts from this firm, but none for me. I asked how could this happen? The reply was that someone reported it to S.S. due to accounting processes, but the person charged with setting up the account and making the deposit diverted the funds. Just for an added twist, the S.E.C. was involved with a person handling these accounts, as well as accounts not associated with the firm, who stole $1.2 million. 27 years in jail. Late in 1991 a new fund was set up for all former employees & current participants. After 1991 S.S. received no further notifications from the new fund. Per the S.E.C.,although rare, the ability to withdraw the employer match is sometimes part of the contract. I am here seeking advice from people with experience and knowledge in this field. Do the one persons input, I am now going to attempt to obtain a copy of the S.P.D. The problem is that to make use of leverage entitled me by regulation to obtain the S.P.D., it will require my obtaining legal counsel. In other words, money that I do not have, in part, due to the "missing" funds. I appreciate everyone's comments. They help me trying to find my way through this labyrinth.
  3. I left employment to return to school. I used my portion of the 401-k for tuition. I had to leave the employers match until retirement age. Previous employer reported the matching funds to Social Security 2 years later. The funds were reported, but no account was set up on my behalf. Are the administrators, fiduciaries responsible for making me whole?
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