LOCATING MISSING FORMER PARTICIPANTS

As the administrator of a qualified plan you probably spend a good part of your work day providing information to participants in response to their requests about health benefits, disability programs and retirement benefits.  As a plan administrator, you probably spend a fair amount of time providing information that participants may not have requested but that qualified plans are required to provide, like summary annual reports, summary plan descriptions, and required notices. When you, as a plan administrator, need to distribute information or want to distribute small amounts to a missing participant, it can be a real problem.

As the plan administrator, you have a fiduciary duty to protect the benefits for the participant. How you carry out that duty with respect to missing participants is not directly addressed by ERISA.  The Department of Labor (DOL), in Opinion Letter 11-86, the Department of Labor (DOL) states that the steps a fiduciary must take to locate lost participants are inherently facts and circumstances determinations. The DOL reasons that each fiduciary must determine whether the steps he or she uses to locate lost participants satisfy the fiduciary obligations under ERISA.

Some common techniques administrators can use to locate missing participants include mailing a notice to the last known address, searching internal and union records, and using locator services, including the services of the IRS or the Social Security Administration. A private locator service will, for a fee, attempt to locate a person using information that the plan administrator provides.

IRS Letter Forwarding Programs

With appropriate safeguards to protect the privacy rights of each tax-paying citizen, the IRS affords employers an opportunity to try and contact their former employees.  Known as the Letter-Forwarding Program, the Service offers assistance to individuals who have retained the social security numbers of the persons they wish to contact, but whose address or whereabouts currently are unknown to the inquirer. For humanitarian purposes (which includes financial entitlement) the IRS will search its database for a recent address and forward the inquirer's letter to the missing person. Revanue Procedure 94-22 provides instructions and information on the IRS' use of the letter-forwarding program.

The program is useful to individuals, pension plan administrators, financial institutions, and state and federal agencies who are attempting to locate individuals. However, this program does not apply to locating a party to pending litigation or for service of process.

The IRS is precluded under section 6103 of the Internal Revenue Code from giving addresses or any other information to the individuals who have initiated a search.  Tax returns and return information are considered so confidential that an inquirer who activates the letter-forwarding service will not be informed of the disposition of the inquiry. To divulge any information regarding the disposition of a letter submitted for forwarding would indicate whether or not the IRS had a current address on file for that individual, and whether or not that individual had filed a return. Therefore, the Service does not inform individuals, or former employers who attempt to send letters through the Letter-Forwarding Program as to whether or not their correspondence has been delivered. Letters intended for individuals for whom the IRS has no current records and letters forwarded by IRS and then returned as undeliverable, are destroyed without informing the sender of the action taken.

The Service's Letter-Forwarding Program is comprised of two components:

1. Forwarding Lettes to 49 of Fewer Individulas

Procedures for forwarding letters to 49 or fewer individuals within a 12-month period are found in IRS Policy Statement P-1-187. This policy enables the Service to forward letters to a taxpayer listed in its database under certain circumstances. Such a circumstance occurs when a person is seeking to notify the taxpayer that he or she is entitled to certain assets, for example, from a qualified pension, profit-sharing, or stock bonus plan that has been terminated and from which the taxpayer is entitled to a distribution of benefits. Click here for the instructions for an individual or organization requesting that the IRS forward letters on its behalf to 49 or fewer individuals within a 12-consecutive-month period

 2. Forwarding Letters to 50 or More Individuals

This component of the Letter-Forwarding Program, known as the "Project 753 Computerized Mail-Out Program", is designed to contact large (i.e., more than 50) numbers of missing taxpayers. Click Here for the following instructions apply to an individual or organization requesting that the IRS forward letters on its behalf to 50 or more individuals

SSA Letter Forwarding

The Social Security Administration (the SSA) will attempt to forward a letter to a missing person under circumstances involving a matter of great importance, such as a death or serious illness in the missing person's immediate family, or a sizeable amount of money that is due the missing person. Also, the circumstances must concern a matter about which the missing person is unaware and would undoubtedly want to be informed. (Generally, when a son, daughter, brother, or sister wishes to establish contact, the SSA will write to the missing person, rather than forward a letter from the relative.) Because this service is not related in any way to a Social Security program, its use must be limited so that it does not interfere with the SSA's regular program activities.

There is no charge for forwarding letters that have a humanitarian purpose. However, the SSA must charge a $25 (effective July 1, 2001) fee to cover our costs when the letter is to inform the missing person of money or property due him or her. This fee is not refundable. The fee should be paid by a check that is made payable to the Social Security Administration.

The SSA must read each letter it forwards to ensure that it contains nothing that could prove embarrassing to the missing person if read by a third party. The SSA does not believe that it would be proper to open a sealed letter; therefore, a letter that is sent to the SSA for forwarding should be in a plain, unstamped, unsealed envelope showing only the missing person's name. Nothing of value should be enclosed.

To try to locate an address in its records, the SSA needs the missing person's Social Security number or the missing person's date and place of birth, the father's name, and the mother's full birth name to help find the number.

Usually, the SSA forwards a letter in care of the employer who most recently reported earnings for the missing person. The SSA normally would have the current home address only if the person is receiving benefits. Therefore, the SSA cannot assure that a letter will be delivered or that a reply will be received. Also, the SSA cannot send a second letter.

Requests for letter forwarding should be sent to:

Social Security Administration

Letter Forwarding

P.O. Box 33022

Baltimore, MD 21290-3022

A Sign-by-Sign Look at Your Ideal Day Off!

(Article courtesy of astrology.com)

Wondering how your sun sign cares to spend its time away from the office? Take a few cues from the stars and make the most of your next day off!

Aries

Fiery Aries is full of combustible energy that has to be burned off, no matter what. Extremes are what the ram is all about, so a typical day off might include a leisurely two-hour hike up Mount Everest followed by a flight to Miami for a night of dancing and revelry in all the hottest nightclubs.

Taurus

A day off for steady, sensual Taurus can mean only one thing, food consumption and maintaining a horizontal position. Whether that means floating lazily on a raft in a pool or cozying up in bed with their sweetheart and a bowl of whipped cream, the bull loves to indulge in the finest creature comforts!

Gemini

Where can you find a Gemini on their day off? Online. They've got at least six browsers open, reading this MFYCO newsletter, busy in multiple chat rooms discussing, and arguing about, everything from world peace to Pomeranians.

Cancer

On their day off, Cancer likes to simply stay home. Sound dull? Not to the crab. Homebodies that they are, you'll find them in the kitchen baking pies and marinating those chicken legs for their next big barbecue. Better pick up lots of food, Cancer has probably invited the whole family, including aunts, uncles, cousins, in-laws, pets, step-pets.

Leo

The dramatic lion is likely to take their partner to the theater on their day off. The tickets are generous Leo's treat, and they're bound to be good seats, nothing less than front row center will do! And don't be surprised if you glance over in the middle of the play and catch them mouthing the lead actor's lines.

Virgo

Industrious Virgo might just use their day off to get a bit of extra cleaning done. There's nothing like the feeling of standing in the middle of a freshly scrubbed kitchen, floors gleaming and smelling of pine. Virgo won't stop there, though, spices will be in alphabetical order on their rack, while coffee mugs will hang on brand new hooks, arranged according to the colors of the rainbow.

Libra

Lovely Libra has been to all the local museums a million times, so for something new on their day off, they'll hit an art opening at a trendy new gallery. Libra loves to munch on crudites and sip sparkling wine as they peruse the paintings and so much the better if they happen to "accidentally" bump into an attractive stranger and strike up a conversation about the artwork.

Scorpio

Scorpio takes a day off in style by hitting all the best boutiques, where they can shop for that special something that will complete their favorite outfit. They'll then dress to the nines. Feather boa, knee-high leather boots, and snakeskin anything are all possibilities and spend the evening out club-hopping, attracting everyone like a magnet in the process!

Sagittarius

Sagittarius wants to step out on their day off. A trip anywhere will satisfy their urge to roam, so whether by plane, train, automobile, or mountain bike, they're sure to hit the road looking for adventure!

Capricorn

Capricorn spends their day off at the office, of course! At least part of their day off, anyway, as they just have to get ahead on those reports due late next year. But with the right approach, the sea goat can be convinced to get out and have a little fun. Just ask them out and assure them it's your treat.

Aquarius

Aquarius spends their day off in their workshop, perfecting that model they've been building or engine, or CPU, or whatever mechanical or technological wonder they've been tinkering with lately. And if they finish the project, then it's off to the hobby shop or electronics store for more supplies to start the next one!

Pisces

Dreamy Pisces spends their day off in their backyard, where they'll sip iced tea with mint sprigs under the lemon tree, appreciating the tangy citrus scent in the air and the soft buzzing of the bees that hover over the flowers, while composing a poem about the strangely scary, yet compelling dream they had the night before.

Is your horoscope spot on? Or maybe nothing like how you spend your day off? Head to our facebook page and share with us what your perfect day off would be like!