Code of Federal Regulations (Last Updated: November 8, 2024) |
Title 29 - Labor |
Subtitle B—Regulations Relating to Labor |
Chapter XXV—Employee Benefits Security Administration, Department of Labor |
SubChapter G—Administration and Enforcement Under the Employee Retirement Income Security Act of 1974 |
Part 2578 - Rules and Regulations for Abandoned Plans |
Appendix A to Part 2578 - —Model Notice of Intent To Terminate Abandoned Plan
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Appendix A to Part 2578—XXX
Link to an amendment published atCross Reference
2578—Model Notice of Intent To Terminate Abandoned Plan
NOTICE OF INTENT TO TERMINATE PLAN
[Date of notice]
[Name of plan sponsor]
[Last known address of plan sponsor]
Re: [Name of plan and account number or other identifying information]
Dear [Name of plan sponsor]:
This letter is a notice of intent to terminate the above referenced plan and distribute benefits in accordance with the U.S. Department of Labor's Abandoned Plan Program. We will initiate the termination process under the Abandoned Plan Program unless you contact us within 30 days of your receipt of this notice. See 29 CFR 2578.1.
Our basis for taking this action is that our records reflect that there have been no contributions to, or distributions from, the plan within the past 12 months. {If the basis for sending this notice is under 29 CFR 2578.1(b)(1)(i)(B), complete and include the sentence below rather than the sentence above.} Our basis for taking this action is {provide a description of the facts and circumstances indicating plan abandonment}.
We are sending this notice to you because our records show that you are the sponsor of the subject plan. The U.S. Department of Labor requires that you be informed that, as a fiduciary or plan administrator or both, you may be personally liable for all costs, civil penalties, excise taxes, etc. as a result of your acts or omissions with respect to this plan. The termination of this plan by us will not relieve you of your liability for any such costs, penalties, taxes, etc. Federal law also requires us to notify the U.S. Department of Labor, Employee Benefits Security Administration, of the termination. For information about the federal law governing the termination of abandoned plans, you may contact the U.S. Department of Labor at 1.866.444.EBSA (3272) or https://www.dol.gov/agencies/ebsa/about-ebsa/ask-a-question/ask-ebsa.
Please contact [name, address, and telephone number of the person, office, or department that the sponsor must contact regarding the plan] within 30 days in order to prevent this action.
Sincerely,
[Name and address of qualified termination administrator or appropriate designee]
[89 FR 43665, May 17, 2024
.]