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Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Business Law
Satisfied Customers: 10605
Experience:  30 years of corporate, litigation and international law
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Bizlaw, I hope you can answer all three of my questions

Resolved Question:


I hope you can answer all three of my questions today --due to problems with this website,this is my third attempted transmission of them to you today, the initial attempt was at 11:00 a.m.--in one fell swoop; I'm willing to wait into the evening for the answers.

1.There are objective indications that the profit-sharing plan Administrator manipulated the Plan in a manner which shortchanged the contributions to my account. If you are interested,I can send you the details. In any case, what is your general impression of me adding the following proposed sentence to the model letter you recommended? The final sentence in your letter, "If I do not receive my benefits on or before August 2, I will file suit in federal district court and seek attorney's fees as well as other damages for your bad faith in failing to pay benefits that should have been paid without any special request in February, 2010,"
would be followed by the following proposed final sentence:"The Plan's administration of my benefits in compliance with its own stated procedures, and the Plan's compliance with related tax issues, would be subject to forensic audit." What would be a likely response by him to that statment?

Actually, I would merely employ that proposed statement as a tactic to motivate him to pay my money expeditiously. I could not afford to commission such an audit. Would my merely making that statement -- or my subsequent failure to conduct such an audit-- cause me to be vulnerable to any adverse consequencesor demands, especially legal or financial?

2.What is the significance to my situation and to my strategy and tactics, of my former employer being both Plan Administrator and Co-Trustee?

3.What should I do if the Administrator is on vacation when I mailed the next letter to him, or if he refuses to sign the certified mail return receipt requested?

Thanking you in advance, FEPBUZZ.

P.S. I just read your credentials, which are quite impressive!
Submitted: 7 years ago.
Category: Business Law
Expert:  Richard - Bizlaw replied 7 years ago.

I was out all day yesterday so I am just seeing your post.


You would not need a forensic audit to determine if your contributions had been made and properly applied. You should have received an annual statement each year reflecting the contributions to your account based on your share of the profits. I would leave out forensic and just use the term audit and add at the end of the sentence "as part of that litigation". This demand would have no adverse consequences. Having the same person both plan administrator and trustee in small self administered plans is not uncommon and is not prohibited. You should send the letter both certified and regular mail. If the certified letter is not picked up and the regular letter is not returned, you will know it was received. You can call the office on the 10th day to see why there was no response and that will tell you if he is on vacation.


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This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

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