Guest Betsy Oakey Posted September 28, 2006 Posted September 28, 2006 Does anyone have have something I can "site" for an angry terminated particiant who is being charged a yearly maintenance fee? I believe this is okay but can't find anything in the regs to sustantiate the fee.
Bill Presson Posted September 28, 2006 Posted September 28, 2006 Does anyone have have something I can "site" for an angry terminated particiant who is being charged a yearly maintenance fee? I believe this is okay but can't find anything in the regs to sustantiate the fee. I've found this to be a good resource: http://www.groom.com/_library/downloads/ER...Expensesv.4.pdf William C. Presson, ERPA, QPA, QKA bill.presson@gmail.com C 205.994.4070
david rigby Posted September 28, 2006 Posted September 28, 2006 You might also try the BenefitsLink search feature: http://benefitslink.com/search/ 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.
Everett Moreland Posted September 28, 2006 Posted September 28, 2006 Revenue Ruling 2004-10 might be on point
Guest Pensions in Paradise Posted September 28, 2006 Posted September 28, 2006 Why waste your time telling the terminated about about the regs/code? Just give him a copy of the Plan & SPD which must contain the provision which allow fees to be charged to participants. If he/she isn't happy with that, tell them to hire an attorney. And obviously point out to them that they can avoid the fee altogether if they take their money out of the plan!
Guest Pensions in Paradise Posted September 28, 2006 Posted September 28, 2006 Sorry, this hit a sore spot with me. We just went through an identical situation where we spent an unbelievable amount of time trying to placate a terminated participant. My humble opinion on this matter is that the SPD should already disclose the fact that the participant can be charged certain fees. If the participant is not satisfied with that, then I humbly believe the participant should retain someone to explain the legal rules to them.
Guest mjb Posted September 28, 2006 Posted September 28, 2006 If not already located see DOL field assistance bulletin 2003-3 for authority to charge fees to terminated participants. It should be on the DOL webside.
SteveH Posted September 28, 2006 Posted September 28, 2006 Just give them this and tell them they should be happy they aren't paying all of these too. 06_dol_fee_tool.pdf
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