Who gets the SAR?

Giving out the SAR today for the 2019 plan year.

Who gets it?

All current eligibles as of today and former ee's with a balance as of today?  New participants in 2020 will get it.

All current eligibles as of 12/31/19 and former ee's with a balance as of today? New participants in 2020 do not get it.

As I understand it, former ee's with no account balance at the time of distribution of the SAR do not get it.

Is that right?  I know the AFN isn't required for already-paid-out folks, but I've never read anything other than a reference to the participants for the year in question, in reference to the SAR.  So I end up doing all the participants during that year, including no-balance-ever and no-balance-anymore people.  (Even if they were paid out January 3, 2019.)

I get this from the law.cornell.edu website:

(a) Obligation to furnish. Except as otherwise provided in paragraph (g) of this section, the administrator of any employee benefit plan shall furnish annually to each participant of such plan and to each beneficiary receiving benefits under such plan (other than beneficiaries under a welfare plan) a summary annual report conforming to the requirements of this section. Such furnishing of the summary annual report shall take place in accordance with the requirements of § 2520.104b-1 of this part.

And the exemption list in (g) doesn't refer to paid-out folks.

I saw the same thing.  At law.cornell, the text of ERISA itself, and the EOB.

But:

Who exactly are "receiving benefits under such plan"?

Do they have to be due money (ie have a balance)?  Or is it benefiting like under 410?

As of when? 12/31? (for a calendar plan) Or the date the notices is given out.

In the past, I've been telling my clients anyone who was eligible in, say, 2019, even those who did not receive any sort of contribution, and any former employees with a balance on the date the SAR is given out.

But looking into it (a client asked me to point out where it says what I told them), I'm having a hard time justifying my stance given the wording.  I think it can easily be interpreted as only people with account balances (receiving a benefit).

The moderator posted under the SAR thread below a very helpful on-point comment a month ago. I tried to find online the Green Book that he referenced but was unsuccessful. Unlike the PBGC which posts similar books online, the DOL/EBSA apparently doesn't post any.

Perfect!

I believe that possibly the "green book" that he was referring to is Janice Wegesin's 5500 form preparers manual, which was the Holy Grail of 5500 preparation guidance for many of us for years. It had a green cover. Janice sadly passed away recently.

Yep.  This one, I believe:

https://lrus.wolterskluwer.com/store/product/5500-preparer-s-manual-for-2019-plan-years/

Aw. I hadn't heard about Janice's death. How sad, and what a loss to the industry.

Ms Janice was a real sweetheart.