Here’s my situation... I work for a rural California district hospital that offers a 457b plan. The hospital is currently almost 5 months behind in regard to the depositing of employee contributions (the last deposit was for the pay period of 6/16/2011). This conduct has been an ongoing M. O. for as long as I have been employed here (3 plus years), but I don’t believe it has ever been quite this far behind. I’m beginning to get a little bit concerned that the slope has become a bit slippery.
I recently contacted the San Francisco office of the Labor Department. I was told by them that I needed to get a copy of my facility’s SPD in order to determine if the 457b is subject to ERISA enforcement. The SPD makes no mention of being subject to ERISA rules, so the Labor Dept told me I needed to find out from my plan administrator if our 457b is subject to ERISA rules and regulations. For obvious reasons, I am uncomfortable approaching our plan people with this whole subject.