Peter Gulia Posted November 5, 2020 Posted November 5, 2020 The Labor department’s rule about an abandoned individual-account retirement plan defines a qualified termination administrator as a bank, trust company, insurance company, or other person eligible to serve as an IRA’s custodian that “holds assets of the plan that is considered abandoned[.]” 29 C.F.R. § 2578.1(g)(2). The rule does not say that a QTA must hold all, or even substantially all, of the plan’s assets. Imagine an abandoned plan for which no QTA-eligible company serves as a trustee. There are multiple custodians. Imagine one would volunteer to serve as a QTA, but only for the assets held by that custodian. Has anyone seen a situation in which the Employee Benefits Security Administration approved, or did not object to, a submission in which a QTA proposed to wind up a portion of a plan to the extent of the assets held by the QTA? Peter Gulia PC Fiduciary Guidance Counsel Philadelphia, Pennsylvania 215-732-1552 Peter@FiduciaryGuidanceCounsel.com
Peter Gulia Posted November 10, 2020 Author Posted November 10, 2020 As I skim the rest of the QTA rule, it seems to preclude a wind-up administration if the QTA-eligible custodian knows it holds less than substantially all of the plan’s assets (other than contributions owed to the plan) and is unwilling to serve as QTA for the whole plan. Peter Gulia PC Fiduciary Guidance Counsel Philadelphia, Pennsylvania 215-732-1552 Peter@FiduciaryGuidanceCounsel.com
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now