When I have a bad day, I have a BAD day!!

[Tri Girl]

Sorry, I have no advice. Just wanted to give you a big virtual (((hug))) and tell you that I'm thinking of you and praying for the best. Yikes!

[Tuckervill]

I'd be getting on the phone with everyone I could think of, the district attorney, the Department of Labor, the state insurance commission and reporting that they have stolen your money. Also call the company who handles your 401K and find out if they have any advice. If they've been using the employee's contributions to handle their cash flow, they are truly evil.

I think not paying the insurance premiums is bad, too, but I think the 401K thing will get a lot more action from authorities.

Sorry this is happening to you.

Karen

[Tuckervill]

You may have already seen this. Add to my list above to call the IRS, too:

http://www.401khelpcenter.com/401k_e...ken_rules.html

What To Do When You Think The Rules Have Been Broken


Three federal government agencies have authority to investigate possible violations of the rules for private pension plans and to bring lawsuits or assess penalties against individuals engaged in illegal actions: the Department of Labor, the Internal Revenue Service and the Justice Department.

Department of Labor.

If you think the plan trustees or others responsible for investing your pension money have been violating the rules, you should call or write the nearest field office of the U.S. Department of Labor's Employee Benefits Security Administration (EBSA (formerly PWBA)). The Labor Department has authority to investigate complaints of fund mismanagement. If an investigation reveals wrongdoing, the Department can take action to correct the violation, including asking a court to compel plan trustees and others to put money back in the plan. Courts can also impose penalties of up to 20 percent of the recovered amount and bar individuals from serving as trustees and plan money managers.

Internal Revenue Service.

If you suspect that individuals providing services to the plans have gotten loans or otherwise taken advantage of their relationship to the plan, the Employee Plans Division of the Internal Revenue Service may want to take a closer look. The Internal Revenue Service is authorized to impose tax penalties on people involved in unlawful "party in interest" transactions.

NOTE: If you are planning to provide information to the Internal Revenue Service about an unlawful party in interest transaction, you should consider filing a written claim for an Informants' Reward with the Intelligence Division of the IRS at the same time. If the IRS collects a penalty tax as the result of your information, there is a possibility that you could receive up to 10 percent of the amount collected.

Department of Justice.

Cases of embezzlement or stealing of pension money, kickbacks or extortion should be referred to the Federal Bureau of Investigation or the Labor Department field office in your area. If illegal activities are found, the case can be referred to the U.S. Department of Justice for prosecution. Criminal penalties can include fines and prison sentences, or both.

Federal pension law makes it unlawful for employers to fire or otherwise retaliate against employees who provide the government with information about their pension funds' investment practices.

The most effective way to present your concerns to government investigators is to provide them with a short summary of the problems you have found and supporting documents.

Collecting information.

You have a legal right to ask the plan administrator for the plan's latest Form 5500 or Form 5500-C/R. You also have the right to ask for a copy of:

* the summary plan description,
* the plan document,
* the trust agreement setting up the plan, if separate from the plan, and
* any collective bargaining contract, if appropriate,
* any other instrument under which the plan was established or is operated.

Make all requests for plan documents in writing. You may have to pay reasonable copying costs. If you have trouble getting the documents from your plan, contact EBSA (formerly PWBA)'s Division of Technical Assistance and Inquiries in Washington, D.C. or the EBSA (formerly PWBA) field office nearest you.

If the administrator fails to give you information you are entitled to within 30 days of your written request, and the reasons for the delay are within the administrator's control, you also have the right to bring a lawsuit against the plan administrator, and ask the court to make the plan administrator pay you a fine of up to $100 a day for every day the administrator goes over the 30-day deadline. It is a good idea to send your request by certified mail return receipt requested so that you will have a record of when you made the request.

If you would rather not ask your plan for the information, you can obtain Form 5500s and Form 5500-C/Rs after they have been filed with the government and processed from EBSA (formerly PWBA)'s Public Disclosure Facility.

If you find that your pension plan has not filed the Form 5500s or Form 5500-C/Rs, the forms are incomplete or contain false or misleading information, you should immediately notify the nearest EBSA (formerly PWBA) field office. The Labor Department has authority to assess civil penalties against plan administrators who fail or refuse to comply with annual reporting requirements.

Government agencies have limited resources and are unable to investigate all claims of fund mismanagement. You may also want to contact a lawyer.

Even if you think you cannot afford the cost, you may still be able to find a lawyer to take your case. This is because the law provides that a court has the power to award attorney's fees if you win a pension case.

To find a lawyer, you should check with the lawyer referral service of your state, city or county "bar association." Ask for a lawyer experienced in pension law who is willing to represent workers and retirees.

[bmccasland]

RM - I can only offer a big HUG. Good juju thoughts headed your way.

[salsabike]

Actually, I think calling a lawyer about the employment benefits stuff would be a good idea.

RM, I am so sorry. You will get through this, plowing through all the crud slowly, but you WILL come out the other side.

[maillotpois]

Wow - that is HUGELY sucky. I am so sorry!! Big hug to you.

[GLC1968]

Jeeze louise...that bites!

I don't know if this is an option for you, but there are interim and short term health insurance companies out there that are cheaper than cobra depending on the coverage and deductibles you select. We have one of these to cover six months of no coverage for 'just in case' emergencies. It's temporary and limited - but it's better than no coverage at all.

www.ehealthinsurance.com

[mtkitchn]

Wow, RM, that is awful. I sure hope things look up and work out okay. Sending good vibes your way!

[ClockworkOrange]

Hi Denise

As I have just written on another thread to Snap, I have not been on here in a while......................and to find this thread.........OMG!

My goodness, when the sh1t hits the fan for you, it really does!

Will email you.

Lots of hugs for all the family.

Clock

[alpinerabbit]

Hang in there RM!

[ny biker]

I really feel for you. The company my father used to work for did the same thing with the 401k - never put money into it when they were supposed to. I think they also had trouble making payroll sometimes.

It seems that everyone who works at your husband's company could use some legal advice, so maybe he could get together with some co-workers to hire a lawyer and maybe you could split the fees with them.

Good luck!

[OakLeaf]

(((((((RM)))))))

I know nothing (outside of my own experience), but it really sounds like what you have is an ERISA problem, not an insurance problem. (Edit: looks like Tuckerville already got on top of this one while I was posting.)

COBRA inclusion is administered by the employer IIRC (?). Basically you remain a member of the employer's group for a short period of time, but the employer is no longer paying the premiums. So that isn't likely to be helpful. Many states will let you convert a group policy to an individual plan, and if not I think we're coming up on open enrollment season in most states (?). So your family might be eligible for uninterrupted coverage - but of course that means paying individual rates. I know what that is for myself and DH for single coverage... I hate to even think what family coverage would cost.

One thing you really need to know: if you're uninsured, you will be charged (on average) three to five times more for your care than what an insurance company would pay. Criminal yeah, but that's life in these United States. I know you probably don't want to hear this, but I'm sitting here right now looking at the physicians' and clinic bills for my breast biopsy. The total billed out was about $7500. That's what an uninsured person would have to pay (and the equivalent of about five months' premiums for single coverage). What the insurance company actually paid was $2400, and my portion was $600. So yeah. It s*cks rotten eggs. And don't even get me started on how the major presidential candidates have already promised the insurance industry that they won't even try to reform the system.

Just hugs to you, praying for the best for your health, and hoping you get the rest of it worked out quickly and at a minimum of expense and stress.

[Running Mommy]

Thanks all for the moral support and the advice.
And Oak, thanks for laying out that bill for me. I appreciate knowing what I'm up against.
I'm going to get on the phone today with some state agencies and see what I can do.
As for the money.... I'm all over that. They will NOT get away with it.
We got a bill yesterday for something that the ins. didn't pay, so my hubby put it on an expense report with a nasty note and turned it in...

[Red Rock]

I am sorry to hear of your troubles. I hope that you are able to get things solved in your favor without a whole lot of undo stress, if that is possible.

Red Rock

[Irulan]

I had a breast lump that turned out to be benign. I hope that is what they find for you.

Good luck with all the rest, sheesh what a godawful mess...