Vested Voluntary 403b contributions are being withheld by Employer plan after resignation
State of Florida has an Optional Retirement Plan (ORP) for employees of the State University System. There is a voluntary fully vested part (upon leaving service) and a state contribution part. At age 68, fully two years after I resigned, they preclude me from taking out any of my voluntary contributions (cannot role it over to my IRA with Fidelity). The rationale is that I have a small state contract under my TaxID doing tasks that are not eligible for any retirement plan, but because other people in that state agency have a retirement plan, I cannot take out the money put into ORP when I used to be a Professor. The money happens to be in TIAA-CREF, but they say it is only because I cannot legally sign the ORP Refund Form (PDF file available on the web) that I cannot get my money. My position is that this is restraint of trade (precluding me from getting my vested money because I have a small contract under my taxid with a different state agency) and must be illegal for a number of fairly obvious reasons. I filed an ERISA complaint against the vendor holding my money, and the conclusion was that ERISA cannot investigate 403 plans that are state government run. So, who can I complain to? I spoke with two attorneys and they were not interested. Of course I want my vested money freed up, but I also want to help other state employees. What is the next thing that I can do? I don’t want to pay a lot in legal fees to get my money back. I don’t want to quit my small contract work under my taxid. It is absurd that work I do under my taxid can preclude me from getting my vested 403b money at age 68 some two years after I resigned as a Professor under my SSN. ORP has another form that says one cannot do an RMD of this 403b money if working for another state agency in any capacity. I assume somebody was thinking about the idea that RMD can be delayed if working past the age of RMD, but that will not work in my situation since I am doing a different job, under a different ID, from a different state agency.) IRS will require me to do a RMD on this money, but the ORP RMD form posted on the web says you cannot get use this form if still working for the state in any capacity, as I read it. What state or Federal agency can investigate this? Thanks.
Submitted by Michael Dow on Thu, 2024-04-25 14:04