[colin1980]

I am in my companies retirement plan through American funds. When I first stared 1 1/2 years ago. After three months they started taking money out of my check to companies in there retirement plan. How do they have the right to take money out of my check without my consent? Is this legal? I have signed no paper work saying/or giving consent about taking money out and contributing to the employers plan. Now, I no longer work for the company and wanted to initiate and distribution for a person investment that I have been wanting to do. It has been 9 weeks since and still disbursement. It there something wrong going on.

[ScottGem]

Most likely you signed something upon employment That gave them permission. As soon as they started deducting did you talk to HR?

As for distribution it depends on the type of plan. If you take the distribution you may have to pay a penalty.

[Fr_Chuck]

Yes if you were in the plan, you had to check a box that said you wanted to be in the plan, And thus if you wanted to be in the plan, they withdraw a certain amount of money.

You I will assume have contacted the plan administor directly and asked them.

[colin1980]

I have seen nor signed nothing that stated or gave consent to deduct funds from my check to contribute to a retirement fund.

[ScottGem]

Again, there is a lot of paperwork when one applies for employment. You may not recall seeing it, it may have been part of something else. But the likelihood is that you did sign something.

But the bottom line here is whether you signed something or not, whether they legally took this money or not. There is nothing we can do to help you. You HAVE to go back to the company's HR department and question them. IF they cannot provide some document that authorizes the deductions, THEN you might have a case against them. At that point we may be able to help further.

As for the distribution, again, we need to know what type of plan this was to help further.

[colin1980]

Once again, I have not signed any paper work to be enrolled in the companies retirement plan. The only paper work I have signed is the w-2 fourm. I know what paper work you are talking about. I have filled out paper work for a past employer to be enrolled in their retirement plan. This employer I have not. If I did signed to be enrolled in the companies plan I would have known. I think something is wrong. Every employee I have talked to from the company has not signed a retirement fourm allowing Holm II inc. to deduct money from our payroll checks. As for the type of plan I am in is a money P.
I just need trying to gather information before I pursue further

[ScottGem]

Just because you didn't sign anything does not make it illegal. And I still say you may not know exactly what you signed. It may not have said specifically "allow payroll deductions into retirement plan". You may have just signed to participate in the plan, and the terms of that participation, which might include a payroll deduction, may be listed elsewhere.

My point is, you seem to be getting yourself in a lather because of what you think was an illegal deduction. The time to question that deduction was when it started over a year ago. The fact that you can find no one else who remembers signing a deduction authorization is just indicative that its buried under something else, not that it didn't happen.

But as I said previously we can do nothing with the info we have. YOU need to talk to their HR or Benefits person.

[Fr_Chuck]

Ok, at this point who cares if the deductoin was legal or not ( if not legal then why did you not stop if years ago when you saw it coming out of your check)

But on the day you were hired, they have you sign for many benefits, and this would have been one of them,

But legal or not, they have your money and only by following their rules will you get it at this point and time.

Don't say ( I did not sign) don't matter, you allowed it to happen, you were aware of it, so that is still you saying it was OK by not stopping it even if it was an error.