Expert: Allen - 10/20/2011

Question
My former employer will not distribute (rollover) a check for a profit sharing account which I was 80% vested in one year ago despite numberous requests to do so.  Do I need to file a civil complaints against him or it is a valid claim for the Dept. of Labor?

Answer
It is possible that the plan document states that benefits are not distributed within a short period following the end of your employment. The only way to know this is to look at the Summary Plan Description that should have been provided to you when you became a participant in the plan. If you can't locate this document, ask the company for one.

As far as the distribution of your benefit, if you haven't done so, put your request in writing. If you do not receive a form to elect how the money is to be paid to you (in a check to you or a rollover to an IRA) or an explanation of when payment will be made, contact the local office of the U.S. Dept. of Labor - Employee Benefits Security Administration. They will be able to help you.