Forced 401(k) Account from

Dear Sir,
I am a self-employed individual that often contracts with large multinational firms. It is becoming increasingly common for these multinational firms to channel your contract agreement through an 'employer of record' - that is a 3rd party who acts as your employer on paper, maintains your time sheet, takes taxes out, offers benefits, etc. There are hundreds of these 'employers of record' out there and it seems every big company uses a different one. I currently have accounts set up with two different employers-of-record.

Here is my problem/concern. My newest employer-of-record has an "opt-out" 401(k) policy with New York Life (NYL). I can choose to set my 401(k) payroll deduction at 0%, but the NYL representative 'claims' that I *cannot* close my account with NYL and that IRS regulations give them the right to maintain an account for me along with (here's the rub) my personal and private data, even if I opt-out and there is *no money going in or out of the account*. I am not disputing the benefits of saving for retirement; I already have a IRA account with another major financial firm. However, as a contractor, working with several different employer-of-record firms (each one of whom offers a 401k), it is incredibly cumbersome and burdensome to maintain 2, 3, or 4 different 401(k) accounts. The even bigger issue that concerns me is that I don't want my personal and private identification information with dozens of different financial companies every time a new client makes me register with a different employer-of-record. I also find it hard to believe that the IRS can mandate that a third-party provider to an employer-of-record is allowed to maintain and control the private and personal identification information of an employee when that employee has specifically opted-out of their program and has requested that the account be closed.

FYI - I reside in Pennsylvania. The employer of record is in New York. The client's headquarters are in Virginia.

Any clarification you can give on this situation is appreciated.

Thank you in advance for your assistance.
Sincerely,
Mary, Pennsylvania

0 answers  |  asked Nov 12, 2012 10:20 AM [EST]  |  applies to Pennsylvania

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