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Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33166
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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I have an old pension plan/money market account in California.

Resolved Question:

I have an old pension plan/money market account in California. I received a notice from my previous employer and a copy of an Erisa Section 204(H) Notice that adopted resolutions that "all participants under the plan will vest 100% in their respective account balances." I filled out a plan distribution form that I received and sent it back to XXXXX XXXXX. However, now the Employer/Plan Administrator will not sign the form. Do I have any recourse?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Tina replied 5 years ago.
Thank you for contacting

Does the plan administrator indicate why they will not disburse the funds to you?

Customer: replied 5 years ago.
She hasn't responded to me; we parted on bad terms, she accused me of stealing but after an investigation it was found to be not true. I'm not sure that she isn't acting in collusion with the XXXXX XXXXX representative as they are good friends. The only info I get from XXXXX XXXXX is an email saying that they sent the paperwork for signature but have received no reply.
Expert:  Tina replied 5 years ago.
I see.

If they do not have the paperwork from you then I would send it to them again and retain a proof of mailing and send it return receipt requested so you have proof they received it.

If they still refuse to disburse the funds, then you will need to retain a local attorney to send a demand letter to them indicating that suit will be filed if they do not promptly comply with the demand.

Retain copies of all communications you have with the company as well so you are well-prepared in the event a suit is necessary.

Good luck and take care.



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