Guest chris4013 Posted September 14, 2004 Posted September 14, 2004 Prior TPA company is upset with our new client, and has suggested that they will not delvier assets to us on the date that they previsouly communicated to us. When are they required to deliver assets?
SoCalActuary Posted September 14, 2004 Posted September 14, 2004 Can you scream "fiduciary liability" at them? Seriously, they have now taken on roll of holding plan assets against the wishes of the newly appointed TPA. Does your lawyer need to discuss this with their lawyer? Of course, the old TPA may have a legitimate defense, such as unpaid fees, irregularities in accounts, etc.
mbozek Posted September 14, 2004 Posted September 14, 2004 Why not look in the agreement between the TPA and client to see when assets must be transferred. mjb
david rigby Posted September 14, 2004 Posted September 14, 2004 ...against the wishes of the newly appointed TPA. Who cares what the wishes of the TPA are? Has the plan sponsor/plan administrator/trustee communicated that the assets should be transferred from A to B? Has the prior custodian acknowledged and promised compliance? If so, see above responses. I'm a retirement actuary. Nothing about my comments is intended or should be construed as investment, tax, legal or accounting advice. Occasionally, but not all the time, it might be reasonable to interpret my comments as actuarial or consulting advice.
SoCalActuary Posted September 14, 2004 Posted September 14, 2004 Typing in a hurry I meant the "role of ... the plan administrator"
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