Suzanne Wynn, JD, LLM Tax

Lois Baker - you are amazing!

What type of defined contribution plan is the plan? And what is the reason for the receivable?

Yes - this letter is normally generated and sent to the plan administrator when data analytics finds a disconnect in the way the questions on Schedule I or Schedule H were answered. If the plan filed Schedule I, did the plan administrator answer "Yes" or "No" on Schedule I, Line 4k? If the plan filed Schedule H, take a look at the answers on Line 3.

You might want to give the Dept. of Labor a call and see if they want to look into this situation since you believe that the company missed sending the blackout notice to a group of employees. The Dept. of Labor has an online form you can fill in at https://www.dol.gov/agencies/ebsa/about-ebsa/ask-a-question/ask-ebsa or you can call them at 1-866-444-3272. Since you mentioned that you live 20 minutes from Larry, I'm guessing that it means you may live in Massachusetts. There is a non-profit in Massachusetts that you might want to call to see if they can help. It is the Pension Action Center at the University of Massachusetts. Their website is https://www.umb.edu/pensionaction For 401_noob - It is 2520.104b-1(c)(2)(ii)(A) and (B) - "(ii) A participant, beneficiary or any other person entitled to documents under Title I of the Act or regulations issued thereunder (including, but not limited to, an “alternate payee” within the meaning of section 206(d)(3) of the Act and a “qualified beneficiary” within the meaning of section 607(3) of the Act) who - (A) Except as provided in paragraph (c)(2)(ii) (B) of this section, has affirmatively consented, in electronic or non-electronic form, to receiving documents through electronic media and has not withdrawn such consent; (B) In the case of documents to be furnished through the Internet or other electronic communication network, has affirmatively consented or confirmed consent electronically, in a manner that reasonably demonstrates the individual's ability to access information in the electronic form that will be used to provide the information that is the subject of the consent, and has provided an address for the receipt of electronically furnished documents; (C) Prior to consenting, is provided, in electronic or non-electronic form, a clear and conspicuous statement indicating: (1) The types of documents to which the consent would apply; (2) That consent can be withdrawn at any time without charge; (3) The procedures for withdrawing consent and for updating the participant's, beneficiary's or other individual's address for receipt of electronically furnished documents or other information;" In the Preamble to the 2003 Final Rules on Blackout Notices, the Dept. of Labor said: "Furnishing a notice to the last known address of a participant or beneficiary would be sufficient where the plan utilizes a method of delivery described in section 2520.104b-1 and the fiduciaries of the plan have taken reasonable steps to keep plan records up-to-date and to locate lost or missing participants." - Friday, Jan. 24, 2003, 68 Fed. Reg. 3720, left column, 2nd paragraph, Final Rule to Notice of Blackout Periods to Participants and Beneficiaries, Civil Penalties and Conforming Technical Changes on Civil Penalties Under ERISA, Final Rules

Thank you Dave and RatherBeGolfing for this information. Like always, came to Benefitslink.com first to see if anyone had a copy of the Executive Order.

You want to take a look at Section 10.3(e)(2) of IRS Circular 230, which says: "(2) Practice as an enrolled retirement plan agent is limited to representation with respect to issues involving the following programs: Employee Plans Determination Letter program; Employee Plans Compliance Resolution System; and Employee Plans Master and Prototype and Volume Submitter program. In addition, enrolled retirement plan agents are generally permitted to represent taxpayers with respect to IRS forms under the 5300 and 5500 series which are filed by retirement plans and plan sponsors, but not with respect to actuarial forms or schedules." https://www.irs.gov/pub/irs-pdf/pcir230.pdf You should also take a look the opinion in Loving v IRS, No. 13-5061 (Feb. 11, 2014) and Section 10.32 of IRS Circular 230, which says: "Nothing in the regulations in this part may be construed as authorizing persons not members of the bar to practice law." Copy of the Loving opinion is online at https://www.cadc.uscourts.gov/internet/opinions.nsf/B63C3129A4FE761985257C7C00539949/$file/13-5061-1479431.pdf

What about 524290 - Other Insurance Related Activities (including third-party administration of insurance and pension funds)? 541990 is "All Other Professional, Scientific, & Technical Services. 541219 is "Other Accounting Services"