Recent DOL audit on required disclosures defined benefit plan

[Adam]

Has anyone experienced a recent DOL audit concerning Required Disclosures to defined benefit plan participants at time of termination, periodic statements to deferred vested participants who have not  yet reached NRA, and to participants once they reach NRA?  In addition to a copy of the SAR and SPD documents, what do they audit to determine if we have complied with actually mailing out the documents?   Apparently,  there has been a complaint that we have failed to provide periodic statements (SAR, SPD, and benefit statements) to deferred vested participants by a participant whose address has not change in the 15 year period since he left the company (no excuse for bad address).  The previous employee responsible for doing so worked here for over 25 years and basically documented nothing concerning the mailings.     Could you please clarify exactly what documents are to be mailed to deferred vested participants, when and how often in a defined benefit plan and how proof of mailing each category should be documented.   Thanks!

[Adam]

Let me be clear, at this point the only thing that we can determine that got distributed was documents to the active employees, typically with their paystubs.  

[SoCalActuary]

roll over and play dead, because you have nothing to support the plan administrator's actions.

Beg for mercy from DOL and hope you don't get hit with sanctions for disclosure violations

 

[ESOP Guy]

At least with DC plans I don't think I have ever seen them ask for proof the SAR or SPD was sent other then to ask what is the procedure and a copy of them. 

Once again at least with DC plan there isn't a rule that says you have to mail it via certified mail or some such thing.  So how can they demand such proof? 

Maybe there is a rule for some of the DB funding notices and such.  But I have a benefit in a frozen DB plan and none of my notices are sent to me any way other then regular mail. 

My point I find they don't ask that many detailed questions for ESOPs and back when I did 4k plans regarding this topic.