Important 2010 Year-End Notices

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As we approach the end of 2010, we remind you to determine your need to provide certain required year-end notices, as the failure to provide required notices exposes a plan sponsor to fines from $110 to $1000 per day, depending on the notice violation. The list below describes those notices and indicates applicable due dates:

Safe Harbor Annual Notice (401(k) Plans): The notice must provide information about the safe harbor nonelective or matching contribution formula, as well as other important plan features. Safe harbor plans must provide the notice to participants and eligible employees at least 30 (but no more than 90) days prior to the beginning of each plan year (December 1 for calendar-year plans).

Qualified Default Investment Alternative (“QDIA”) Notice: This notice explains the QDIA rights and obligations, such as the situations in which a plan will invest a participant’s assets in the QDIA and the participant’s right to direct amounts in the QDIA into other investment options. All defined contribution plans with participant-directed investments must provide this notice to participants and eligible employees at least 30 days prior to the beginning of each plan year (by December 31 for calendar-year plans).

Please see article below for further information

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Constangy, Brooks, Smith & Prophete, LLP | Attorney Advertising

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