Trust to Trust transfer delay correction

[Guest hyper]

A 401(k) Plan is being merged into another plan due to acquisition. Recordkeeper A transfers plan assets to Recordkeeper B, BUT Recordkeeper A does not send actual participant records, including investment elections, to recordkeepr B until several days later.

As a result of the late participant record transfer, participant accounts were invested in a money market account at recordkeeper B for several days and were not allocated to the participant directed investments in a timely manner. Recordkeeper A had commited to transfering the participant records within 24 hours.

Does the DOL have any guidance out on how to calculate missed earnings? I know the IRS has the EPCRS with some example earnings calculations, but is there anything from the DOL?

[QDROphile]

You don't have a problem. A reasonable gap is nothing to be concerned about, absent (i) skulduggery born and bred in Texas, or (ii) an express promise to do otherwise. You don't need to be hyper on this one. Of course, it helps to have intelligent plan documents to deal with bumps in the road rather than ones that paint you into a corner.