Golgi Posted August 10, 2010 Posted August 10, 2010 When you take on a new client with an existing plan and the prior plan document they provide is flawed in some way - be it missing an interim amendment, not timely restated, etc. what liabilities does the TPA incur if they put the client on their prototype document anyway knowing that the prior plan document may not have been fully compliant?
J Simmons Posted August 10, 2010 Posted August 10, 2010 I think to avoid liability, you need to notify the client of the document problem and the EPCRS correction possibility (if it qualifies), and once you've told them about that, the ball is then in the client's court, not yours. If they choose not to correct, that's their choice. John Simmons johnsimmonslaw@gmail.com Note to Readers: For you, I'm a stranger posting on a bulletin board. Posts here should not be given the same weight as personalized advice from a professional who knows or can learn all the facts of your situation.
Bill Presson Posted August 10, 2010 Posted August 10, 2010 I think to avoid liability, you need to notify the client of the document problem and the EPCRS correction possibility (if it qualifies), and once you've told them about that, the ball is then in the client's court, not yours. If they choose not to correct, that's their choice. I would recommend getting their answer in writing. William C. Presson, ERPA, QPA, QKA bill.presson@gmail.com C 205.994.4070
david rigby Posted August 10, 2010 Posted August 10, 2010 ... and in extreme cases, consider the possibility that this is a client you don't want. 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.
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