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The Fiduciary Duty to Locate Missing Participants
Vorys, Sater, Seymour and Pease LLP
Nov. 9, 2017 "The DOL has only published guidance outlining the procedures that a terminating retirement plan should follow to locate missing participants, and that ongoing plans should follow before making automatic rollover distributions to an IRA for participants who are owed small-sums (between $1,000 and $5,000). Despite this lack of guidance, the DOL has been asserting in recent audits that a retirement plan's failure to identify and locate a missing participant is a breach of fiduciary duty ... even when the retirement plan has followed its procedures and has relatively few missing participants." MORE >> |
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