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yellowhand
Sep 4, 2012, 07:50 AM
I have a 401 K through a previous employer with Nationwide Insurance that I am trying to roll over to an IRA. Distribution is being held up due to a third party that has not received a required fee from my past employer. I had no knowledge of third party until I stared roll over process with my bank. Third party suggests I speak to employer about making payments. Past employer will not accept phone calls or speak to me regarding this issue.

ebaines
Sep 5, 2012, 07:30 AM
Who's the third party - Nationwide Insurance? Or is it natiowide that's telling you there's some other third party that's holding things up?

At the very least you should be able to get at your own contributions and earnings on them, even as the companies hash out their issues - are they letting you access your own funds?

yellowhand
Sep 5, 2012, 05:03 PM
The third party is called The Pension Studio I am able to get get on line access to see my account but I cannot move , trade , etc. Ihave sent all necessary paper work to the pension studio to roll over however they stated that funds transfer is on hold until past employer pay required fees

ScottGem
Sep 5, 2012, 05:15 PM
The first thing you do, is contact the Pension Studio and ask for the docket number and court that issued the order to put changes to your account on hold. If they cannot provide this information, you ask Nationwide what court order they received to prevent changes.

If you cannot get this information, contact the IRS and report that your money is being held hostage without legal support.

A 401(k) plan is a retirement investment vehicle allowed under the ERISA law which is part of the US Tax Code. So the IRS holds control over plans. You might also try contacting the Pension Benefit Guarantee Corp (PBGC) which may also be able to help.

But if The Pension Studio went to court and got an injunction to prevent changes until the employer pays what is owed them, you may be stuck. You may have to petition that court for redress.