State of Denial

[Guest GW]

What would you do if you had a plan sponsor who is knowingly failing to comply with the terms of the plan document? Three certified letters have been sent to no avail. Their response clearly reflects their inability to accept the potential liability.

[Larry M]

The plan sponsor would become my ex-client as quickly as the certified return receipt letter arrived at his/her office.

[KIP KRAUS]

GW

What are you asking of the Plan Sponsor? If you feel that your request is legitimate, contact the local Department of Labor and ask them what to do next.

Good Luck

[LCARUSI]

GW -

What is your relationship to the Sponsor?

[Guest Mike Kimball]

GW: you should resign from any further work on the plan. check your engagement agreement for a possible release from liability in cases like this. If you can be "deemed" a fiduciary, you might have a fiduciary problem knowing that your co-fiduciary has committed a breach. Best to get away from the plan.