I have this plan that we took over for another TPA and I only have the VS doc that they adopted late in 2005. The old TPA would have been required to amend for Final regs and for the 2006 cumlative changes, and possibly for a change in the classes, as the 2007 annaul valuation has 7 classes when the doc I have has 4. I have just emailed the old TPA for this info (and clarification on some other things), but I had a thought that I wanted to post here for other options.

The client says they can't find or don't have anything else (not everyone is organized they are just trying to run their business....). Let's say the TPA did amend the plan for the required amendments, but would charge a fee to resend them (we would). If the client doesn't want to pay, where do I go from here? We need to restate their document, and will include the items I mentioned above (classes are a seperate issue), but if they were audited, what would the IRS think? We would run with the asumption that these were done previously, but we couldn't prove it.

The plan sponsor is going to have to get me something on the classes. But again, I don't know where to go from here if they don't.....
It's like pulling teeth to get info from this client...

Thansk for your thoughts...

Ask the prior document provider for copies. Agree to pay reasonable copying fees. Then bill the expense to your client as part of your work. This assumes you even want to keep this client....

My observation is that if you can't information from a client who is wanting to begin using your services, it is a good indication of how likely you are to be able to get information on an ongoing basis. Approach with caution.

It sounds like the reason this client is available for your services is that they may be less than desirable as a client. There are a couple of "traps" you may run into. As one TPA to another...

The old TPA would have been required to amend for Final regs and for the 2006 cumlative changes, and possibly for a change in the classes, as the 2007 annaul valuation has 7 classes when the doc I have has 4.

How do you know that the prior TPA "was required to amend"? Does this client have a contract with the old TPA that spells out they are required to do that? Perhaps the service was offered, but not accepted. Do all your clients always respond back with documents needed, and accept all services you offer?

The reason I point this issues out is that it is dangerous to assume that the prior TPA is responsible or at fault. If you automatically assume that you may find yourself with a client that just isn't worth it. Believe me, I know.

One client came to me with so many problems it would make your head spin. Of course, everything was because of the prior TPA. Well, to make a long story short, this client never returns data requested, or follows any advice given. They basically do whatever they want, regardless of related regulations or plan terms. Oh, and they don't pay their bills.

If only I had know, I would not have accepted this client. Now I am stuck with the wonderful client, hoping against hope that I will get paid for the last 3 years of service. Yes, the problems were fix. Yes, we did get the work done. Of course, due to data collection problems, providing service was 10 times harder than needed to be.

You asked for "thoughts". I agree whole hearted with K2retire. Approach with caution, and don't simply assume you have a bad prior TPA. While that may be true, anytime I hear that the client has nothing to give you, I'm pretty sure the problem is with that client. Being a little disorganized should not be a crime. Being utterly irresponsible should be, and usually is.

Good luck either way.