"A PWBA interpretation suggests a fiduciary may override a participant's last investment direction when the participant 'can no longer be located' and the individual's investment seems no longer prudent. ERISA Advisory Opinion No. 96-02A (Feb. 9, 1996). BenefitsLink neighbors, are you aware of any plan that replaces a 'missing' participant's investment?"

"A client paid their children 1099 i/o W-2 at the suggestion of their CPA, this is for 2025. The children received W-2 for 2024 and at least one of them was eligible to participate in the pension plans. I am told to accept 1099 as w-2 (which is the compensation definition in the plan document). How can I accept this, makes no sense? Here is the definition from basic plan document. Checked all the code etc and no reference to any 1099 equivalency.

'W-2 Compensation' means wages, within the meaning of Code section 3401(a), and all other payments of compensation to an Employee by the Employer (in the course of the Employer's trade or business) for which the Employer is required to furnish the Employee a written statement under Code sections 6041(d), 6051(a)(3), and 6052. W-2 Compensation shall be determined without regard to any rules under Code section 3401(a) that limit the remuneration included in wages based on the nature or location of the employment or the services performed (such as the exception for agricultural labor in Code section 3401(a)(2)).'

Anything I am missing?"