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Showing results for tags 'who has to prove it?'.
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Hello, After much searching I need to ask for some help. An employee terminated 20+ years ago. He recently receives a letter from the SSA stating he may have a benefit due under the plan. There are no records dating back 20 year ago from the sponsor or the recordkeeper. The sponsor has no proof he was paid and cannot find any. The sponsor thinks this person was paid out but they just forgot to list him as a code D the following year. Is there any IRS guidance that says who is responsible for proving the benefit still exists? The sponsor wants to take the stance that the "participant" should prove it. The "participant takes the stance that the employer should prove it. Any thoughts or references (if there are any) would be appreciated. Thank you.
