Locating Missing Retirement Plan Participants

By: Hannah DeLuca, W. Andrew Douglass, and Elizabeth Bray, Polsinelli P.C.

This article addresses the steps that plan sponsors and fiduciaries must take to locate and notify missing participants in qualified defined contribution and qualified defined benefit plans regarding benefits that are due to them under the plan.

PLAN ADMINISTRATORS ARE OBLIGATED UNDER THE Employee Retirement Income Security Act (ERISA) to conduct a diligent search to locate missing participants and beneficiaries. The fact that participants and beneficiaries cannot be located poses a problem for plan administrators in active plans when a distribution is required and in terminated plans for which the plan administrator must liquidate the benefit trust. Recently, the Pension Benefit Guaranty Corporation (PBGC) opened its missing participant program to terminating defined contribution plans and other previously excluded defined benefit plans. This article summarizes guidance regarding missing participants, provides an overview of the revised PBGC program, and offers tips for plan administrators to handle (and avoid) missing participant issues.

Missing Participant Issues in Qualified Plans

Missing participants (which term includes beneficiaries and alternate payees with accrued benefits as used in this article) become an acute issue for qualified retirement plan sponsors, administrators, or other fiduciaries in several circumstances, such as:

• The plan is being terminated and all assets are being liquidated.
• A plan participant terminated employment and is due a distribution under the plan.
• A plan participant must take a required minimum distribution under the rules of I.R.C. § 401(a)(9).
• Payments are being made for plan corrections under the Employee Plans Correction Resolution System.
• A plan distribution was made and a check for the benefit payment was returned or remained uncashed until it was no longer eligible to be presented for payment.

To read the full practice note in Lexis Practice Advisor, follow this link.

Hannah DeLuca, a shareholder at Polsinelli P.C., works with all types of employers, from government entities to large public companies and innovative start-ups. She enjoys guiding a variety of public and private entities, helping them become established and in compliance with relevant tax law. Hannah assists clients with navigating the complicated issues surrounding health plans, welfare plans, ERISA, DOL laws for retirement plans, and executive compensation. W. Andrew Douglass, a shareholder at Polsinelli P.C., has a prior background as an actuarial consultant in the employee benefits practice of a large public accounting firm. Andrew brings a multi-faceted approach to helping employers address the legal, financial, and administrative issues that affect their benefit plans. He also serves as chair of the Employee Benefits and Executive Compensation practice group at Polsinelli. Elizabeth Bray is an associate at Polsinelli P.C. She routinely drafts and reviews welfare plans, including group health plans, cafeteria plans, and wellness plans, as well as qualified pension, profit-sharing, and non-qualified retirement plans. Liz uses her experience to assist clients with the tax and ERISA issues that arise in connection with mergers, acquisitions, and other corporate transactions.

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