direct roll-over from a non-prototype retirement account

I have a non-prototype retirement account with my last workplace. The funds themselves are in a Fidelity stock mutual fund. I would like to do a direct roll-over in kind from that non-prototype retirement account to my roll-over IRA that I have with Fidelity, and which already has assets I rolled over from other retirement plans. However, the plan administrator of the non-prototype retirement account that I want to roll out of prefers to write a check, rather than do a direct roll over. The reasons are not clear – it’s a tiny enterprise and they may not know how to do a direct roll-over. The reason I don’t want to receive a check is that the assets are in a stock mutual fund that has done superbly well over the past 12 years I’ve been with it. It is closed to new investors and if I sell the assets in that fund and transfer to a cash fund I will not be able to get back to that fund.

The plan administrator received all the papers she requested, signed and notarized, but marked “DIRECT ROLL OVER IN KIND!”, which is not what she wanted to receive. She does not return my phone calls or my e-mails. She wouldn’t even confirm whether she received the papers. Are these people accountable to no one? Do I have any recourse?
🙁
Noam



You should determine if the plan is a qualified trust under Sec 401a of the Internal Revenue Code. If it is, then it MUST offer a direct transfer under 401(a)(31).

Not totally sure, but I think these non prototype plans should still be under Section 401 and therefore under the general authority of the US Dept of Labor. By law they must supply you with the plan documents if you request them, but they can charge you for the copies.



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