Conversion Blackout Ends Sooner - New Notice Required?

[Guest JimJ]

If a plan converts from one recordkeeper to another and the required notice is given to all participants concerning the blackout. If the notice states the conversion will end at the end of October, but the new recordkeeper is ready to go live on the 15th, must a new notice with the new date be provided to all participants?

If so, what if something comes up at the last minute, will another new notice be required? What’s the incentive to get folks up and running sooner than the notice?

[E as in ERISA]

The regulations say: "Changes in length of blackout period. If, following the

furnishing of a notice pursuant to this section, there is a change in the length of the blackout period ...the administrator shall furnish all affected participants and beneficiaries an updated notice explaining the reasons for the change and identifying all material changes in the information contained in the prior notice. Such notice shall be furnished to all affected participants and beneficiaries as soon as reasonably possible, unless such notice in advance of the termination of the blackout period is impracticable." The preamble indicates that even if you can't get the notice to everyone, you have an obligation to send it to those you can (e.g., electronic notice to employees).