"Back in 2021 we terminated our service to a Plan because [1] they were not paying our bills, and [2] they were not responding to our call, emails and letters. Apparently, in 2022 this client did something improper with participant accounts, and they also issue erroneous W-2 Forms for 2021 and 2022. Back in 2024 the DoL contacted us on behalf of several participants who were not properly paid benefits due. We sent the DoL
our complete file on the last year (2021) that we serviced the Plan. We even included a copy of our service agreement with this client that in addition to services we provided, it also defined that provision of data was the client's responsibility. It further went on to define our role as not being a fiduciary since we are not the Sponsor, Administrator, Trustee, Custodian, etc.... Our role was specifically defined to be purely
ministerial in that we reconciled operations based upon data submitted. It was also stated that we have no authority on any issue of the Plan. After much discussion it was agreed that we are not responsible for items like W-2 Forms!
"Fast forward to the present, the DoL is contacting us again since they think we can do something about the Plan's operation. Again, after detailed discussion it was agreed that our role
does not process the client's payroll (like duh). It was also stated that the only reason the DoL is calling us is because no one else will answer their phone calls! We, on the other hand, answer our phones. The agent assigned to the case actually stated that she agrees that we are not the party they should be calling! But they are calling us because WE ANSWER THE PHONE. Now they want to do a conference call to discuss how WE MIGHT BE
ABLE TO CORRECT THE ERRORS THAT OCCURRED AFTER OUR SERVICE ENDED! The fact that we don't have any responsibility (per the agent), and we have no access to any data, are being ignored!
"Has anyone else been in a situation like this? Any words of wisdom are greatly appreciate. Unfortunately, they insisted I do a conference call with the agent and her supervisor tomorrow, even though as agreed to by the agent, we have no
responsibility or even ability to address problem related to operations after our service ended. If there some 'bill of rights' related to situations like this?"