401(k) Q

[JTMiller]

Thanks.

 

[RatherBeGolfing]

There is a good section in the EOB on this.  Ch 4 - Section VI - Part B - 5

1.411(a)-4(b)(6) requires that the benefit is payable. Since we are talking about missing participants, payable means without consent. It follows that forfeiture under 1.411(a)-4(b)(6) should be limited to the notice and consent exceptions under 1.411(a)-(11).

It is also worth pointing out that the DOL does NOT allow for forfeiture of vested benefits and considers it a PT.  Until we get further guidance from the DOL, I would avoid forfeiture as a solution to missing participant funds.