Friday, September 13, 2024

American Retirement Association responds to DOL’s latest guidance on ‘abandoned’ 401(k)s

DOL Amends Abandoned Plan Program to Benefit Workers and Retirees

The Department of Labor (DOL) recently made significant amendments to the Abandoned Plan Program, allowing Chapter 7 bankruptcy trustees to distribute assets from bankrupt companies’ retirement plans to workers and retirees. This long-awaited change, which was originally adopted in 2006, aims to streamline the process of terminating these plans and getting funds into the hands of those who need them most.

One of the key updates to the program is the expansion of qualifications for eligible designees. Previously, only plan asset custodians or individuals who had served as bankruptcy trustees within the past five years were allowed to participate. However, the DOL recognized that this limitation was too restrictive and decided to broaden the pool of eligible designees to include anyone who is eligible to appear before the bankruptcy court. This change is expected to lead to more efficient plan terminations and better outcomes for plan participants.

Another important aspect of the amended program is the recognition of potential conflicts of interest that can arise when the same bankruptcy trustee is assigned to represent the interests of the estate. The DOL rule now addresses this issue, particularly in cases where delinquent contributions exceed a certain threshold. By acknowledging and addressing these conflicts, the DOL is working to ensure that the interests of plan participants are protected throughout the termination process.

Lisa M. Gomez, assistant secretary for employee benefits security, emphasized the importance of these changes in a statement when the interim rules were announced in May. She highlighted the fact that these amendments will help to expedite the distribution of promised retirement savings to workers and their families, fulfilling the commitments made by their employers.

Overall, the updates to the Abandoned Plan Program are a positive step towards improving the efficiency and effectiveness of plan terminations in bankruptcy cases. By addressing key issues such as eligibility requirements and conflicts of interest, the DOL is working to ensure that retirement funds are distributed in a timely and fair manner. This is a significant development that will benefit workers and retirees who rely on these funds for their financial security.

Disclaimer: The information provided in this article is for informational purposes only and should not be considered as financial advice. The content is based on general research and may not be accurate, reliable, or up-to-date. Before making any financial decisions, it is recommended to consult with a professional financial advisor or conduct thorough research to verify the accuracy of the information presented. The author and publisher disclaim any liability for any financial losses or damages incurred as a result of relying on the information provided in this article. Readers are encouraged to independently verify the facts and information before making any financial decisions.

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