Participant Notice?

[Guest kjk]

Is anyone aware of a notice to participants requirement that arises when a plan sponsor fails to make a quarterly contribution? I am aware of the requirement under ERISA Section 4011, but I have a client who is absolutely convinced that we need to give notice to all participants within 60 days of the missed contribution (which means June 15), and I cannot find that requirement anywhere!

Thanks for your help.

[Blinky the 3-eyed Fish]

See here. Go to page 6 and read regarding missed payments.

http://www.pbgc.gov/forms/10_inst.pdf

[Guest kjk]

Thanks. I actually finally ended up answering my own question: ERISA Section 101(d) requires that notice be given to participants in the event of a failure to meet minimum funding standards. The notice must be given within 60 days following the due date for the installment or other payment.

[MGB]

You did not read 101(d) correctly. It says a notice is required if the payment was not made within 60 days of the due date. It does not say the notice is due within 60 days.

"Such notice shall be made at such time and in such manner as the Secretary may prescribe."

The Secretary has never given any guidance. I personally think the notice should be provided within a time frame that is reasonable (need to be able to justify any delay). I know other practitioners that use this language to push off the timing of the notice to as late as the SAR (which I find to be unreasonable).