Guest shaul Posted June 4, 2010 Posted June 4, 2010 With respect to the diversification notice required by ERISA Section 101(m) (required to be distributed 30 days before a participant first acquires the rights described in IRC Section 401(a)(35)), does that requirement apply to a 401(k) plan that has just now been amended to add a company stock option (publicly traded), and that will freely allow participants to divest of the stock from the start (as described in the recently-issued IRS regulation)? If so, is it a recurring disclosure requirement, that must be given to every new participant 30 days before the date he or she begins to participate? Is it enough that similar diversification language is contained in the plan's benefit statement (under ERISA Section 105(a)(1)(A)(i)), to which participants have continuous access via a secure website (as described in DOL FAB 2006-03)? Thanks.
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now