Deborah A. Boiarsky

Last week, the Department of Labor updated its prior guidance on locating missing participants. As before, the guidance technically only applies in the context of terminating defined contribution plans, though it can be instructive for retirement plan fiduciaries trying to locate missing or unresponsive participants.

Coming on the heels of the U.S. Supreme Court’s Dudenhoeffer decision, which eliminated a pro-fiduciary presumption with respect to company stock holdings in qualified retirement plans, the Fourth Circuit issued a decision last week that could cause even more unrest for plan fiduciaries.

Form 8822-B is approaching its March 1 deadline and many employee benefit plan and trust sponsors and administrators are not aware if this date applies to them. Find out more about this confusing topic from national business and corporate law firm Porter Wright.