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Anonymous wrote:Internet strangers cannot answer your question.
This. But I will say that this is standard (and incredibly irritating) for my employer. My last contribution was Jan 2nd for a November 30 payroll. The Dec 28 and Jan 31 payrolls both had withholdings, but haven't yet been deposited. It makes me nuts but there doesn't seem to be much that anyone can do to expedite it.
Your company is violating IRS requirements. You should contact the Dep of Labor about this since it’s a pattern.
Unfortunately this a public sector 403(b) and
they are sadly within the letter of the law, which just require that it be deposited in a timeframe that is "not longer than is reasonable for the proper administration of the plan." (The employer transfers the funds to a third party provider who then deposits the funds into the 403(b) that the employee has chosen, which purportedly takes 4-6 weeks since they do it all with paper checks that have to be issued and then clear before the next check can be issued--WTF?!?) Ask me how I know this...
Do you have an opinion letter from the IRS or DOL approving the deposit method and the 4-6 week timeframe?
It is a state system, and when I tried to escalate it I was told that because they outline this process/timeline in their written plan, the IRS allows it. Would the DOL intervene even if the IRS doesn't see it as an issue? I find it maddening, and it must impact so many people who either don't even know it's an issue or are less empowered to complain. I'd be willing to lift it up if it seemed likely to be productive, but that initial complaint left me feeling like my hands were tied.
Plan documents can state all sorts of illegal requirements. That’s why so many older plans have a million amendments to address all the required changes. Since the rules around deposits have tightened in the last 5 years, I would contact the DOL. I think it is the EBSA who handles these inquiries. In 2019, it’s completely unacceptable that the money is transferred by wire and posted within 3 days. The procedures the vendor has seen to be based around a 2-man company still using an abacus. The amount of money that participants are losing in interest is astronomical.
All the above said, it is still possible that the DOL could claim the plan is operating correctly. I would love to know how they would justify that based on their own words about speed of deposits.