Auto Enroll Annual Notice

[DTH]

If an existing plan is adding a new EACA feature effective 1/1/2009, are you providing an "annual notice" to all "existing" eligible participants by 12/2/2008 for the 2009 plan year (like you would for an annual safe harbor notice) or does the annual notice for existing eligibles begin for the 2010 plan year.

For plans that added the feature as of 1/1/2008, we only gave a "pre-participation" notice to all eligible EEs who did not make an affirmative election to participate in the plan and newly eligibles. We are now giving the "annual notice" to all existing eligibles for the 2009 plan year. My gut tells me this was not correct. Thank goodness we are still under proposed regulations.

Thanks!