Plan Administrator Communication Responsibilities

[Guest Marcy L]

Repeated requests were made to a plan administrator for as to the rules for a roll-over in kind with an unvested portion would be handled beginning in February 2001. The responses were incomplete and conflicting. The participant informed the adminstrator of her understanding and plan to provide for the unvested portion (to create cash). The participant executed the plan and provided the plan administrator the paper work to execute the rollover. Again different information was provided by the plan administrator. At the end of November, the plan administrator provided what appears to be the definitive information according the plan document. which is again different.

I have found case citations that speak to requirement to provide accurate and timely information related to changes in plan design and in the case of early retirement enhancements

I am looking for law or case citations that would inform the plan administrator that their incomplete, inaccurate and conflicting information as well as lack of timeliness requires them to provide remedy, even if it "violates the plan document".

The goal is to convince the plan administrator to provide remedy without litigation or government complaint.

[Larry M]

Have you considered contacting an ERISA attorney, describing the situation and asking whether the attorney will draft letter for you or help you draft a letter (with cc to atty)?

Although you may not intend to pursue litigation, the plan administrator does not know this and should respond appropriately with the infromation you need.

Sometimes, you have to hit the mule on the head in order to get its attention.