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| - quote - > Subject: Penalty of 4% by 401k custodian
I've handled a half-dozen terminating pension plans, generally older Group> From: rajendran[at]yahoo.com (raj) > Hello, > I rolled over my 401k assets from my earlier company to a rollover IRA > account this month. And the timing was such that (I rolled over > nearly 1 1/2 years after I got laid off) the company's 401k plan was > terminated in February, just 2 months before my rollover. > The 401k custodian (Lincoln financial) applied a penalty of 4% of > the money rolled over citing that the 401k contract specified such > penalty if the funds were rolled over **after** the 401k plan is > terminated. And this penalty amounts to about $1000. My question is: > Is this legal? > There are several rules to protect 401k investors from squandering > their money away (such as cannot invest in options or futures etc). > Are there any rules about the penalty that can be charged by 401k > custodians? Variable Annuity contracts. All of them had Contingent Deferred Sales Charges (CDSC, aka surrender charges), and I was able to negotiate waivers 100% of the time (78 total participants from all plans). Advisors that don't work the qualified plan market aren't going to know how to do this, unfortnately. The old axiom "its not what you know, its who you know" has long been replaced by "its not what you know, nor who you know, but who knows you" -- aided by the knowledge of knowing WHO to ask, and WHAT to ask for. The CDSC is there for a reason. An agent or broker was paid to sell the plan, and although the CDSC is often waived for rollovers due to natural turnover, plan termination often triggers the CDSC so the plan provider can recoup their plan acquisition costs. Negotiating a waiver is simple and straigtforward, generally involving a quid pro quo. The lesson to learn here is: Don't leave assets with a previous employer. If you do, and the plan termniates, you need a really good financial advisor on your side -- preferably one with qualified plan experience. Brent D. Gardner, ChFC Chartered Financial Consultant http://members.cox.net/brentdgardner1378/ "Be ever questioning. Ignorance is not bliss. It is oblivion. You don't go to heaven if you die dumb. Become better informed. Learn from other's mistakes. You could not live long enough to make them all yourself." - Hyman George Rickover (1900-86), Admiral, US Navy, advocated development of nuclear subs & ships The Chartered Life Underwriter (CLU) and Chartered Financial Consultant (ChFC), designations owned and exclusively offered by The American College, signify the highest standards of academic study and professional excellence in the financial services industry. |
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| - quote - > Subject: Penalty of 4% by 401k custodian > From: rajendran[at]yahoo.com (raj) > Hello, > I rolled over my 401k assets from my earlier company to a rollover IRA > account this month. And the timing was such that (I rolled over > nearly 1 1/2 years after I got laid off) the company's 401k plan was > terminated in February, just 2 months before my rollover. > The 401k custodian (Lincoln financial) applied a penalty of 4% of > the money rolled over citing that the 401k contract specified such > penalty if the funds were rolled over **after** the 401k plan is > terminated. And this penalty amounts to about $1000. My question is: > Is this legal? > There are several rules to protect 401k investors from squandering > their money away (such as cannot invest in options or futures etc). > Are there any rules about the penalty that can be charged by 401k > custodians? > thanks very much for your time. Unfortunately, they are legal. |
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| - quote - > Subject: Penalty of 4% by 401k custodian
Check "Back End/"Front End Loads":> From: rajendran[at]yahoo.com (raj) > Hello, > I rolled over my 401k assets from my earlier company to a rollover IRA > account this month. And the timing was such that (I rolled over > nearly 1 1/2 years after I got laid off) the company's 401k plan was > terminated in February, just 2 months before my rollover. > The 401k custodian (Lincoln financial) applied a penalty of 4% of > the money rolled over citing that the 401k contract specified such > penalty if the funds were rolled over **after** the 401k plan is > terminated. And this penalty amounts to about $1000. My question is: > Is this legal? > There are several rules to protect 401k investors from squandering > their money away (such as cannot invest in options or futures etc). > Are there any rules about the penalty that can be charged by 401k > custodians? > thanks very much for your time. > raj. http://www.401k-easy-online.com/401k_glossary/ Happy Mother's Day!!!= ![]() "Jack" - John H. Fisher - TaxService[at]aol.com Philadelphia, Pa - Atlantic City, NJ - West Wildwood, NJ My Newsgroups & Boards at: http://members.aol.com/TaxService/index.html Where Ignorance is bliss, 'tis folly to be wise!= ![]() |
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| The following was cross-posted which is frowned on by moderated newsgroups. Since it was on-topic for this newsgroup and since the moderator had some spare time, it is copied below (with corrected headers). --------begin copy------------ Subject: Penalty of 4% by 401k custodian From: rajendran[at]yahoo.com (raj) Hello, I rolled over my 401k assets from my earlier company to a rollover IRA account this month. And the timing was such that (I rolled over nearly 1 1/2 years after I got laid off) the company's 401k plan was terminated in February, just 2 months before my rollover. The 401k custodian (Lincoln financial) applied a penalty of 4% of the money rolled over citing that the 401k contract specified such penalty if the funds were rolled over **after** the 401k plan is terminated. And this penalty amounts to about $1000. My question is: Is this legal? There are several rules to protect 401k investors from squandering their money away (such as cannot invest in options or futures etc). Are there any rules about the penalty that can be charged by 401k custodians? thanks very much for your time. raj. -------------end copy---------------- -HW "Skip" Weldon Columbia, SC |
| Tags |
| 401k, custodian, penalty |
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