10 Dec 2024
Retirement Plan Year-End Participant Notices
Defined contribution plan administrators need to meet one or more annual participant notification requirements, usually provided just prior to the new plan year. Plans having auto-enrollment (whether EACU, QACA, or traditional) all have an annual notification requirement of that automatic feature. As most 401(k) and 403(b) plans have a qualified default investment alternative (QDIA), often a target date fund (TDF), an additional or combined notification is required for that auto-investment feature. Failure to issue a required annual notice can have significant consequences. Plus, there are many other disclosure requirements for defined contribution plans, like annual fee and lifetime income disclosures. It’s quickest to satisfy these notifications electronically, where possible, if the electronic notifications rules are satisfied.
Related Content
- QDIA Notice
Review how the QDIA notice, informing participants that their auto-contributions (and other contributions for which they may have failed to provide investment instruction) must be provided to eligible employees prior to plan eligibility and annually thereafter. - Electronic Disclosure Rules for Benefit Plans Comparison Chart
Reference this flowchart to review how to satisfy the U.S. Department of Labor's safe harbors when using electronic technology, like use of a web portal or email delivery, to comply with ERISA’s disclosure requirements.
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- Employee Benefits & Executive Compensation Key Legal Developments Tracker (Current)
Stay informed on new developments.- ERISA Litigation.S. Supreme Court has scheduled a January 2025 oral argument in an appeal from Cornell University employees and retirement plan participants who claim that their retirement plan was mismanaged. Cunningham v. Cornell Univ., 2024 U.S. LEXIS 3061 (Oct. 4, 2024).
- Retirement Plans. EBSA is now collecting information from retirement plan administrators (e.g., via their recordkeepers) to establish and maintain the Retirement Savings Lost and Found online searchable database described in section 523 of the Employee Retirement Income Security Act of 1974. This database will help connect missing participants and other individuals who have lost track of their retirement benefits with retirement plans that may be holding such benefits. 89 Fed. Reg. 91787 (Nov. 20, 2024).
- Health and Welfare Plans. DOL issues guidance, Artificial Intelligence and Worker Well-Being: Principles and Best Practices for Developers and Employers. (Oct. 16, 2024)
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