After our recent Educational Series webinar Everyone Makes Mistakes: A Review of Common Plan Failures and Corrections, Chase Tweel, J.D., LL.M., a Pension Consultants ERISA Analyst responded to the questions the audience asked. Here’s what he had to say.
Question: At the end of the presentation, when you were describing common types of plan mistakes, you distinguished between mistakes that affect participant’s benefits from those that do not. Are there harsher consequences for mistakes that affect participant’s benefits?
Chase: Not technically, but mistakes that affect participant’s benefits are more likely to be determined “significant” and significance is a key factor in determining whether or not a VCP filing will be necessary. Also, the remedial steps for this type of failure, even if no filing is needed, may involve the Employer making participants whole, which could involve actually cutting a check out of corporate funds.
Question: If we suspect our plan is experiencing a failure that could result in disqualification, should we notify participants? Read full article »