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Guest ebgroup
Posted

Must a terminated non-vested participant in a defined benefit plan recieve the report required under ERISA Section 209(a)? Is there some question in the industry on this matter and if so what is standard practice?

Posted

I'm not aware of any statutory change in sec. 209 or IRC 6057.

If you are aware of a change, please post.

I'm a retirement actuary. Nothing about my comments is intended or should be construed as investment, tax, legal or accounting advice. Occasionally, but not all the time, it might be reasonable to interpret my comments as actuarial or consulting advice.

Guest ebgroup
Posted
I'm not aware of any statutory change in sec. 209 or IRC 6057.

If you are aware of a change, please post.

I do not think IRC 6057 changed.

However, I heard a concern about the 2008 technical correction (WRERA) to Section 203 related to PPA, that I am trying to understand. From what I can see the law removed the following sentence from Section 209:

"The report required under this paragraph shall be sufficient to inform the employee of his accrued benefits under the plan and the percentage of such benefits which are nonforfeitable under the plan"

My question is...Are you sending statements to participants who have no vested benefit or are you sending statements only to those with a vested accrued benefits?

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