Datair Plan Documents

[Guest bill555]

For current Datair users that may be using the Automatic Rollover provision:

Have you noticed Datair's definition of Missing Persons w/c appears to negate the ability to auto rollover (within 30 days) a terminated participant when you don't have a forwarding address (i.e. cannot locate them). The provision requires a 3 year wait before you can auto r/o the account balance.

I'm wondering if any Datair document users are even aware of this provision and if any are really adhering to the 3 year wait.

3.11.7 (prototype)

3.13.9 (VS)

Missing Persons. If the Trustee mails by registered or certified mail, postage prepaid, to the last

known address of a Participant or Beneficiary, a notification that the Participant or Beneficiary is entitled to

a distribution and if (a) the notification is returned by the post office because the addressee cannot be

located at such address and if neither the Employer, the Plan Administrator nor the Trustee shall have any

knowledge of the whereabouts of such Participant or Beneficiary within three (3) years from the date such

notification was mailed, or (b) within three (3) years after such notification was mailed to such Participant or

Beneficiary, he does not respond thereto by informing the Trustee of his whereabouts, the ultimate

disposition of the then undistributed vested Account balance of such Participant or Beneficiary shall be

determined in accordance with the then applicable Federal laws, rules, and regulations.

[Guest Lanning]

The sections mentioned below do not supersede the plan's automatic rollover language. The language is intended as guidance at plan termination or for balances in excess of the plan's cashout threshold.

Lanning

For current Datair users that may be using the Automatic Rollover provision:

Have you noticed Datair's definition of Missing Persons w/c appears to negate the ability to auto rollover (within 30 days) a terminated participant when you don't have a forwarding address (i.e. cannot locate them). The provision requires a 3 year wait before you can auto r/o the account balance.

I'm wondering if any Datair document users are even aware of this provision and if any are really adhering to the 3 year wait.

3.11.7 (prototype)

3.13.9 (VS)

Missing Persons. If the Trustee mails by registered or certified mail, postage prepaid, to the last

known address of a Participant or Beneficiary, a notification that the Participant or Beneficiary is entitled to

a distribution and if (a) the notification is returned by the post office because the addressee cannot be

located at such address and if neither the Employer, the Plan Administrator nor the Trustee shall have any

knowledge of the whereabouts of such Participant or Beneficiary within three (3) years from the date such

notification was mailed, or (b) within three (3) years after such notification was mailed to such Participant or

Beneficiary, he does not respond thereto by informing the Trustee of his whereabouts, the ultimate

disposition of the then undistributed vested Account balance of such Participant or Beneficiary shall be

determined in accordance with the then applicable Federal laws, rules, and regulations.