Year End Census Requests & Social Security Numbers

[Guest kgsingletary]

It is Year End request time again...in preparing our census request a co-worker brought up the point of the new Social Security Number use law.

Can we still request and receive the full Social Security Number of plan participants and employees?

Can someone direct me to the new regulations/laws regarding Social Security Number use. I've found the law changes for the state of California, but can't confirm this is a national law.

I would appreciate input as to how other TPAs are handling this issue for their 2003 calendar year plans.

Thanks!

Kim

[Brian Gallagher]

you could always use the case that you need the SSN's for proper tax reporting if and when there is a distribution.

don't you already have most, if not all, the SSN's already? If so, why would the sponsor be so adverse to provide them?

[MGB]

It is only a California law. The Federal legislation on SSN privacy, although introduced to Congress, did not pass this year.

[Harwood]

SB 168 does not stop you from gathering SSNs in California to do year-end testing for plans. There are many legitimate business reasons to continue to use SSNs, if proper safeguards are in place.

Additionally, somewhere [but not in these Message Boards] Kirk Maldonado expressed the opinion that ERISA section 514 pre-empts state laws when it comes to gathering information for employee benefit plans.

[Guest kgsingletary]

Thank you all for your responses!