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Waterhouse said that their individual 401k was compliant with ERISA. I have requested and they are supposed to send me a letter stating this (I asked for it yesterday).
According to Jeff Schnepper, a professor and lawyer (has argued before the Supreme Court" and author of several books includung "How to pay Zero Taxes" who hosts the MSNMoney TaxCorner message board, the case Patterson vs. Schmute supports protection by ERISA for all qualified pension plans.
Whether their is specific case law in re: individual 401ks is doubtful as they are so new.
Zip Code: cbschw@earthlink.net