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For Defined Benefit Plans, Defined Contribution Plans ... - Prudential

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Participants & beneficiaries (continued)<br />

Status Plan Item Action/Support When Due<br />

❒<br />

Action Date:<br />

___ / ___ / ___<br />

DC 403(b) Eligible Automatic<br />

<strong>Contribution</strong><br />

Arrangement Notice<br />

(EACA).<br />

Plan Sponsors of defined contribution plans that<br />

include an eligible automatic contribution arrangement<br />

(to permit penalty-free distribution of “accidental”<br />

automatic deferrals, and/or to provide a six-month<br />

period to distribute excess contributions and excess<br />

aggregate contributions without imposition of 10%<br />

excise tax) must provide employees with a notice that<br />

describes the level of contribution which will be made<br />

if the employee does not make an affirmative election,<br />

the employee’s right to elect a different percentage,<br />

and how contributions will be invested in absence of<br />

an investment election. If applicable, the notice must<br />

also describe the ability for the employee to receive a<br />

withdrawal of accidental deferrals and the procedures<br />

to elect such a withdrawal. <strong>For</strong> more information<br />

regarding additional items that must be included in<br />

the EACA notice, please see the May 2009 <strong>Prudential</strong>’s<br />

Pension Analyst titled, IRS provides final guidance on<br />

automatic enrollment plan designs.<br />

Within a reasonable period of time before<br />

the employee becomes eligible and within a<br />

reasonable time before the beginning of each<br />

plan year. At least 30 days and no more than 90<br />

days before the beginning of the plan year is<br />

deemed reasonable.<br />

❒ DB DC 403(b) Plan Documents (e.g., plan<br />

documents, bargaining<br />

agreements, trust<br />

documents, contracts).<br />

Plan Sponsors must make these documents available<br />

for viewing at the plan administrator’s principal office.<br />

Plan Sponsors must also provide a copy of the plan<br />

documents to participants upon request. <strong>Prudential</strong><br />

prepares plan documents for clients who elect our Plan<br />

Document Services.<br />

Within 30 days after participant’s written request.<br />

ERISA imposes a penalty of up to $110 per day for<br />

failure to provide requested information.<br />

4

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