Participant entitled to distribution is incarcerated. Do we send a notice regarding his eligibility for a distribution to the prison?

[Guest cstrong]

We sent the notice regarding his eligibiity for a distribution under the plan to his last known address but have since learned that he is in prison. A search for the guy on the state's department of corrections web site shows that he is in prison. Do we send the notice to the prison? Has anyone ever encountered this issue? Thanks!

[maverick]

We contacted his father, mailed the forms to him, then he hand-delivered to "number one son" in jail. Figured that the forms might get lost otherwise. Distribution check and 1099-R mailed to son (at father's address).

[MoJo]

I'd check state law (assuming he is in state lock-up). Some states appoint the warden of the prison as limited guardian for certain purposes - and the receipt of funds may be one of those issues that causes headaches. While ERISA would preempt and mandate that the distribution go to the participant/convict, once his or her larcenous hands are on it, the warden may jump in to take it....

[pmacduff]

cstrong - what was the outcome of your situation and what did you end up doing regarding this distribution? I have the exact same situation now, but no access or info on family as maverick had. (The vested balance is $466.94.) I tried using the IRS locator program with his last known address (on the outside!!) to no avail. I found him on the state inmate lookup. I'm not sure what to do now.....any help is appreciated.