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Report: #1477424

Complaint Review: TIAA - New York NY

  • Submitted:
  • Updated:
  • Reported By: Saul — Clifton United States
  • Author Confirmed What's this?
  • Why?
  • TIAA 730 Third Ave. New York, NY United States

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TIAA holds my pension fund.  I am over 60, and 100% vested in the fund.  According to the terms of the contract, I have the right to at least some of my money.  I have made several requests, and they have refused to give me any of my money.  Most recently, I have requested that the interest being paid on the account be paid directly to me - a right that I have under the contract.  TIAA has refused.

In addition, according to the contract, they want to take out 20% withholding of any money they pay to me.  According to the IRS, since TIAA would be paying me for more than 10 years (I have to take mandatory distributions when I turn 70) the 20% withholding is incorrect, it should be 10%.

I believe that what TIAA is doing is a crime.  As I understand it, if they have my money, and I make a lawful request for it, and they refuse to give it to me,  it is a felony.  As such, I have filed complaints with the State of NY, since they have their headquarters in NY.  Also, I have filed a complaint with the NJ Division of Pensions and Benefits since the contract was formed in NJ.  I have also filed a complaint with the IRS.  At the time of this writing, all of the investigations by the government agencies I have written to are still pending.

However, people should be aware that TIAA has refused to give me my money despite my requests.  If anyone reading this is considering investing with TIAA, they should consider this information and consider whether they too will be denied access to their money when they request it.

This report was posted on Ripoff Report on 04/19/2019 06:00 PM and is a permanent record located here: https://www.ripoffreport.com/report/tiaa/new-york-ny-cref-refusing-1477424. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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REBUTTALS & REPLIES:
2Author
3Consumer
0Employee/Owner

#5 Consumer Comment

As is yours

AUTHOR: Robert - (United States)

POSTED: Wednesday, April 24, 2019

You can believe what you want but TIAA has committed a CRIME.
You can believe what you want. But unless you are a DA, Judge, or Jury Member this is NOT a fact it is YOUR opinion.   Now, if you come back here and post the Indictment or Judgement showing otherwise..you would then have every reason to call it a fact.

As for your comment that this is a contract dispute, you cannot know that because you do not know what the contracts are.
- That is again YOUR opinion. You have no idea of my experience with contracts. The fact is I have decades dealing with Contracts and am very familiar with not only how they work, but their function, and how someone less familiar with them can misinterpret them.

The purpose of posting here is to let other people know about their behavior.
- What behavior? The only thing we have is your claim that you made a valid request that they are denying.

All that was asked was what the reason why they are denying your claim. If the reason they gave you is somehow a "State Secret" that requires top secret clearance, that alone shows that there is probably a lot more to your claim than you are letting on.

But in the end you are right. It is MY opinion, just like it is YOUR opinion. Anyone reading this can also make up their OPINION.

I do hope you update this report with your court case when you prove their guilt.

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#4 Author of original report

It's your opinion

AUTHOR: Saul - (United States)

POSTED: Monday, April 22, 2019

You can believe what you want but TIAA has committed a CRIME.  That CANNOT be disputed since I have lawfully requested my money and they have refused to give it to me.  Whether or not they are prosecuted criminally is not up to me.  However, they WILL be prosecuted civilly, and they WILL be paying punitive damages.

The purpose of posting here is to let other people know  about their behavior.  It will, hopefully, enable people to consider whether they really want to give their money to a company to invest that refuses to give them their money when it is lawfully requested.

As for your comment that this is a contract dispute, you cannot know that because you do not know what the contracts are.  I do.  My attorney does.  My former employer does.   And there is NOTHING in the contracts that allow TIAA to refuse to give me my money considering I am over 60 and 100% vested!  

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#3 Consumer Comment

Advised?

AUTHOR: Robert - (United States)

POSTED: Monday, April 22, 2019

Is the same person who advised you not to give any details as to why they refused, the same one who told you it was a great idea to post the effectivly one sided report on a Public site?

So with that based on what you have posted all we have to figure is that they are interpeting the "contract" in a different way and you have shown nothing that is more than a contract dispute. Who is right? You of course say you are right and you will send eveyone involved to prision for life....the reality though will very likely turn out to be far less severe.

By the way all of your "investigations" will very likely(even though you will outright deny it right now) end up in one of a couple of directions.  They may attempt to act as an intermediary between you and the company to come to a resolution, but will not take any sides. If that works out for you...great.  But you also may get a form letter similar to the following. "We have read your complaint and while we can't provide legal advice on any specific issue you can consult your own legal council to determine your options. We will keep your report on file in case we notice similar other complaints"

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#2 Author of original report

Response to question

AUTHOR: Saul - (United States)

POSTED: Sunday, April 21, 2019

I have been advised not to discuss the specific reasons publicly.  However, I have made multiple requests, and received multiple refusals.

As for the "criminal" aspects, I can state that whenever someone has something of yours, and refuses to give it to you, it's a crime.  Specifically, in New York, "larceny" occurs when a person “wrongfully takes, obtains or withholds” property from its rightful owner, with the intent to deprive the owner of such property. (N.Y. Penal Law § 155.05.).  There is no question that it's my money, and, since I'm 100% vested, and entitled to receive it, any refusal by TIAA to give me that money, depriving me of that money, is larceny, and therefore a crime.

In law, something can be both a crime (violation of law) and a tort (violation of contract).

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#1 Consumer Comment

Question

AUTHOR: Robert - (United States)

POSTED: Saturday, April 20, 2019

What is the specific reason they are not allowing you to withdraw any of your funds?

By the way you are talking contracts, nothing you have shown here is criminal and at best you may have a Civil Suit against them.

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