"I have a terminating DC plan with J & S in it. If a participant is unresponsive or the spouse refuses to sign, it appears that we have no other choice other than go to the marketplace and buy an annuity for them. Is there any other option? Penchecks says they will handle funds over $7,000 for terminating plans but if the participant doesn't respond, they don't buy the annuity....they move them to an IRA and thereby ultimately are bypassing the spousal consent rules. Since the plan isn't covered by the PBGC, we can't move the funds there. Any other options?"

"I understand that surplus assets in a self-funded plan my be used in various ways to cover/lower future costs for participants and cannot be used across different 'welfare plans' that cover different employees. I understand that EE contributions will be ERISA 'plan assets' and ER contributions may or may not be plan assets depending whether held in trust or general assets of the ER. I understand that ERISA plan assets are subject to the exclusive benefit rule and must be used to benefit participants. What I need clarity on is how it is determined that a single plan exists under ERISA for this purpose. Say you have MEC plan (or MEC + Plan) plus insured dental and vision plans that cover the same group of employees if they so elect. What makes it a single plan whereby any surplus plan assets can be used across all programs? Is is simply the terms of the plan document and the trust agreement that ties them together -- just like a Wrap Plan that creates a single plan for 5500 purposes. Or am I am missing something?"