You don’t have as much leverage as you think

Ary Rosenbaum - The Rosenbaum Law Firm P.C.
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Ary Rosenbaum - The Rosenbaum Law Firm P.C.

As a plan fiduciary, I still can’t believe it. A Third Party Administrator (TPA) we terminated was trying to hold us up for valuations and a Form 5500 we paid for, as part of, annual administration. It was $80,000.

We were staying with the same custodian and the old TPA thought we would blink and pay the ransom. We didn’t and had the successor TPA do the work. It’s been 4 years now, and I still don’t know what the Department of Labor did to this TPA, as part of my complaint.

If you’re owed money, there is always an incentive not to do the work they need. You can fail to provide the valuation or Form 5500 that they need to squeeze what they owe you, but they can certainly go somewhere including the new TPA to do the work and you will be out of luck.

Leverage isn’t what it used to be.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Ary Rosenbaum - The Rosenbaum Law Firm P.C.

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Ary Rosenbaum - The Rosenbaum Law Firm P.C.
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