My Benefits Administrator Is Locking Me Out Of My Hsa For 45 Days
From Georgia, USA. The company I work for, also based in Georgia, has a recent history of acquisitions that's somewhat complex, but the short version is that it's being split in half, and the "new" half is the one that I will be working for starting on January 1st. Our leadership is aiming to essentially cut and paste a portion of company A to company B, including business systems, benefits, etc.
As a result, I will have a new HSA account with the same provider as my current one. Yesterday, our benefits admin (for both companies) sent us an email notifying us that we should submit claims for reimbursement by December 23rd, and that a blackout period will be in effect starting December 30th and lasting for 30-45 days while they transfer my account to the new company.
I raised an eyebrow when I read that part, because I'm in a situation where it will be very important to be able to withdraw from my HSA during that period. The email instructed us to contact the HSA operator with questions, so I did that, and they told me they were not aware of any blackout period enforced by their organization.
So next I called the number from the email signature, which had "Benefits Counselor" instead of a name, and right off the bat, the person I spoke to was being suspiciously evasive. She told me that she couldn't find a record of that email, and when I offered to forward it to her, she said she didn't have a "personal email" I could send it to. I pointed out that I called the number from the email and she was the person who answered, so I must be talking to the right person. She put me on hold for about 20 minutes and ultimately told me my only option was to reply to that email, which I have just done, but I'm doubtful I will receive a reply anytime soon if at all. I forwarded my response to my company's HR representative as well.
I feel certain that it's illegal to restrict access to my HSA funds for that long, if at all. I tried some googling and AI assistance, but couldn't find any information specific to HSA blackout periods and what laws might cover that. As I'm typing this it occurred to me that them transferring my funds without me directing them to do so is also questionable.
So my question is: is there potentially something illegal happening here? And if so, what actions should I take? If an attorney would be needed, is working on contingency typical in cases like this? I'm already paying attorney fees for an unrelated issue, which is the main reason I need to be able to withdraw HSA funds.
ETA: I don't think there's necessarily foul play here, like someone trying to take my money. But I do suspect there might be some mistakes being made that are affecting my ability to access my money beyond what would be considered reasonable.
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