Common Employer Contribution Issues
Missing or Late Contributions
Employers are required to deposit contributions into employee retirement accounts within a specific timeframe. Delayed or missing contributions can significantly impact retirement savings.
Miscalculated Contributions
Errors in calculating employer matching or profit-sharing contributions can reduce an employee’s retirement savings. Common mistakes include:
- Incorrectly applying the company’s contribution formula
- Misclassifying employees as ineligible for matching contributions
- Failing to account for all eligible earnings
Breach of Fiduciary Duty
Under ERISA, employers and plan administrators must act in the best interests of employees. Breaches of fiduciary duty may include:
- Using retirement funds for business expenses
- Making improper investment decisions that harm employees' accounts
- Failing to properly disclose changes to contribution policies
Failure to Follow Plan Terms
Employers must adhere to the specific terms outlined in the retirement plan agreement. If an employer changes contribution policies without proper notice or approval, employees may have a legal claim.
- Employer Contributions Fall Short
What to Do If Your Employer Is Not Contributing Properly
If you suspect your employer is failing to meet its retirement contribution obligations, it is crucial to act quickly. ERISA has strict deadlines for filing claims, and waiting too long can limit your ability to recover lost contributions.
Step 1: Review Plan Documents
Check your retirement plan summary and statements to confirm contribution amounts and deadlines. Compare them to your account balance to identify discrepancies.
Step 2: Request an Explanation
You have the right to request information from your employer or plan administrator regarding missing or incorrect contributions. ERISA requires them to provide a written response.
Step 3: File an ERISA Claim
If your employer fails to correct the issue, you may file a formal claim under ERISA. This process requires a well-documented appeal outlining the discrepancies and legal arguments.
Step 4: Litigation if Necessary
If an internal claim does not resolve the issue, ERISA allows employees to file a lawsuit against their employer or plan administrator for unpaid contributions.
How Reynolds& Can Help
Employer retirement contribution disputes require a strong legal strategy and in-depth knowledge of ERISA regulations. Our team can:
Protect Your Retirement Savings
If your employer is not making the retirement contributions they promised, you have legal options. Reynolds& is committed to helping employees fight for their retirement security and hold employers accountable for ERISA violations.