Depending on what your problem/issue is...I would suggest an attorney who specializes in taxes. Beyond that...I would suggest an accountant or CPA.

Money has come out of my paycheck and has not gone into my 403b account. The rep tells me that they are "working on it"--helpdesk tickets. My payroll says the money was released to the company. A friend says I could write a letter to the State Attorney General's Office/Dept on Fraud if it continues to go unresolved. Opinions from the folks on KT are aways thoughtful and intelligent. Thank you in advance.

I don't think you need a lawyer at this point. The federal Department of Labor has a division called " The Employee Benefits Security Administration's Office of Enforcement ". Have you spoken first to your employer, the folks who are responsible for getting your money into your retirement plan, and satisfied yourself that the problem isn't with them? If so and the problem seems to be with the plan's administrators, I'd contact this agency if you think something untoward is going on. I

Are you alone in this issue? Your plan sponsor (employer) should be dealing with this. You need to insist you're made whole, assuming it's a gain. I'd complain relentlessly in writing to the financial institution and copy your employer, and insist on a minimum of supervisor level contact to get regular updates re the tickets. There's no doubt in my mind it'll be corrected, this might just take a while. They have to reconcile their payroll files, it's possible the money went to another participant which along with other possibilities can be messy to research and correct. Keep being a squeaky wheel. This was my industry, specifically financial controls for this sort of thing. You should not have to contact a lawyer.

In writing - as food also wrote. You need to keep a paper trail and if you speak with a representative about the issue then keep a log with name, date and time.

I think Elmer’s suggestion to contact the EBSA makes sense if you’re not getting any results from your employer.

How long has this been going on? How long since you first reported it?

2 years--I reported end of March. Things didn't look right. I took out every statment since inception and everything was perfect until 2 years ago in which money here and there was not deposited. Here and there has added up to a significant amount. I'm sick to my stomach over this. The payroll department is aware and is compiling a list of dates that money was released to the company.

Here and there? That surprises me. My experience, it's typically more consistent. Wrong SSN or something. First things first, don't get yourself sick over it. It WILL be resolved. By now you should have some indication that corrections are underway, two months is unacceptable but also unfortunately not unheard of. Again, insist on a higher level contact, and demand regular scheduled updates. Is your record keeper a large organization?

Is the same happening with other employees or just with you? If just with you, this is a matter your employer needs to straighten out with the plan administrator. Which is, after all, accountable to your them first and foremost. Your employer could have some liability and accountability too if they've not handled your funds with the care expected of a fiduciary (which it is in this matter, until the money gets to and is properly handled by the administrator).

So far just me Elmer. I've asked the folks I am friends with and feel comfortable asking and so far just little old me.

I did speak with HR and they have spoken with the rep from the company and are doing an audit. I just don't want to be out a bunch of money. That's what i'm scared about.

That shouldn't happen.

Thank you for the reassurance Elmer. You are kind to respond so quickly.

Foodonastump---thank you for taking the time to write such a detailed response. Our record keeper--my employer--probably about 1200 employees. You are very nice to take so much time!

I'm sorry you're going through this. The Federal government is the worst. Used to work with a nurse who got promoted. They never increased her actual pay. From what I remember it took over two years for them to back pay her.

By recordkeeper I meant the plan administrator.

Think about the possibility of lost investment earnings from the not-invested amounts (dividends, interest, price increases). You might be able to make a claim about that, too, if significant. However, the prices of many if not most mutual fund shares declined over the past 2 years, so there might not have been any; or if the amounts withheld and "misplaced" were small, might not be worth the effort.

Where I was closest to these adjustments, they'd run calcs by fund and make you whole for any gains you missed out on, but you'd not incur any losses. So at worst you break even, at best you beat the market.

My employer and the third party administrator did an audit. The money was withdrawn from account and accepted by the 403b. The 403b folks are conducting an audit. I finally have the reference number and a point of contact. How long do you think an audit should take? What is a reasonable amount of time to wait before being super pesky again?

Introduce yourself to your new contact and ask them to set an expectation. Then call them back if you haven't heard anything by that date. I'd be satisfied being told anything in the realm of ten business days, give or take. (I think that was the SLA at my most recent employer.) If your account is the only problem, that should be enough time to handle. If it's discovered that it's a more global issue it might take a bit longer.

Foodonastump--the acronym SLA was magical. It seemed to get folks moving. Now it seesm the money went to another account of mine--but that does't add up correctly either. I'm working on it now. A friend is going to go over all the dates and dollar amounts tomorrow--a second set of eyes.