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Posted

First time for everything, but our TPA firm just had a 401k plan sponsor non-profit "disappear"; It appears the organization is shutdown.  Website no longer valid, emails bounced back as undeliverable, and phone calls disconnected. 

We would like to have a QTA involved but am not sure how to go about reaching one.  Is there a government approved list to use or other procedure to follow to move this forward?

Plan assets are held in individual accounts and are with Voya.

Thanks for any ideas.

Posted

If the plan sponsor is not in a chapter 7 liquidation bankruptcy, a termination administrator is a qualified termination administrator “only if: (1) It is eligible to serve as a trustee or issuer of an [IRA], and (2) It holds assets of the plan that is found abandoned [under the QTA rule].” 29 C.F.R. § 2578.1(g) https://www.ecfr.gov/current/title-29/part-2578#p-2578.1(g).

Otherwise, a Federal court appoints an EBSA-selected cleanup fiduciary when no one applies to serve as a QTA (or none is eligible), no bankruptcy trustee or insolvency receiver serves, and the Secretary of Labor, acting by the Solicitor of Labor, brings a civil action. (The Labor department makes policy and strategic decisions about which situations to pursue, and which to ignore.) A District Judge typically follows Labor’s suggestion on who should serve as a cleanup fiduciary.

Some trust or insurance companies volunteer to serve as a qualified termination administrator; some don’t.

You might be in luck; Voya serves. https://www.askebsa.dol.gov/AbandonedPlanSearch/UI/QTASearchResults.aspx

If you know the plan’s administrator’s contact at Voya, consider starting there.
 

Peter Gulia PC

Fiduciary Guidance Counsel

Philadelphia, Pennsylvania

215-732-1552

Peter@FiduciaryGuidanceCounsel.com

Posted

Maybe some additional contact information is available by perusing the state's website that administers/records company records.  Perhaps it's the state's Secretary of State, or "corporation commission", etc.  For example, in my state of NC, the Secretary of State website has a very useful feature that allows easy searches, by company name, by person name, etc.  This may identify one or more contact names that you don't already have; perhaps an attorney name; maybe get some info on @Peter Gulia's important reference to bankruptcy.

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.

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