Where do I file an ERISA complaint?

[Guest rachel miller]

My employer is not permitting employees to make contributions upon eligibility because they often are not timely in making the appropriate payroll deductions. Then they want people to just forget about it. This is a company-wide thing. Same thing is happening with the H&W plans. All are qualified plans.

[Guest Jeff Kropp]

Contributions of elective deferrals may not be untimely, depending on the circumstances.

At most, employers have until the fifteenth day of the month followig the month wages would be otherwise payable to transmit the money to the plan. This time may be shorter if your employer can reasonably segregate the money sooner. To determine what is a reasonable period, the DOL would at the size of the company, whether it has multiple locations, and whether an outside service is used to process payroll. During this lag period, the money is not a "plan asset", and does not need to be invested on behalf of participants.

If contributions are not made in this time, the DOL would be interested as it has vigorously pursued delinquent employers. The typical delinquent employer does not transmit 401(k) contributions to the plan for six months or longer. During the interim, the company may use this money for other improper purposes, such as alleviating financial difficulty.

If this is the case, you can contact a benefits attorney or the local Pension & Welfare Benefits Office of the U.S. DOL.

whether an outside contractor handles

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[pjkoehler]

One approach you might consider is to contact the local office of the Pension and Welfare Benefits Administration (an agency of the DOL) and ask the officer of the day for information regarding your allegations. You can find the address and phone number on the PWBA website.

[This message has been edited by PJK (edited 06-05-2000).]