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employee stock ownership plans, and profit-sharing plans. The general rules of ERISA apply to each of these
types of plans, but some special rules also apply.
You should review the plan name and information on the notice and contact the plan administrator to make a
claim for these benefits. If you are already receiving benefits from the named plan, then you may disregard this
reminder notice.
If the contact information in my notice is not current, how can I find current information?
Visi
t the Department of Labor's Web site to find the most recent annual report filed by your plan, which
includes the plan administrator's contact information, or contact a Benefits Advisor as noted below for
assistance.
What if this notice is addressed to my deceased husband or wife? Can a benefit continue for
the spouse if the employee dies first?
ERIS
A provides some protection to surviving spouses of deceased participants who had earned a vested
retirement benefit before death. The nature of the protection depends on the type of plan and whether the
participant dies before or after payment of the benefit is scheduled to begin, otherwise known as the annuity
starting date.
In a defined benefit or money purchase plan, unless you and your spouse choose otherwise, the form of
payment will include a survivor’s benefit. This survivor’s benefit, called a qualified joint and survivor annuity
(QJSA), will provide payments over your lifetime and your spouse’s lifetime. The benefit payment that your
surviving spouse receives must be at least half of the benefit payment you received during your joint lives. If you
choose not to receive the survivor’s benefit, both you and your spouse must receive a written explanation of the
QJSA and, within certain time limits, you must make a written waiver and your spouse must sign a written
consent to the alternative payment form without a survivor’s benefit. Your spouse’s signature must be witnessed
by a notary or plan representative.
In most 401(k) plans and other defined contribution plans, the plan is written so different protections apply for
surviving spouses. In general, in most defined contribution plans, if you should die before you receive your
benefits, your surviving spouse will automatically receive them. If you wish to select a different beneficiary, your
spouse must consent by signing a waiver, witnessed by a notary or plan representative.
If you were single when you enrolled in the plan and subsequently married, it is important that you notify your
employer and/or plan administrator and change your status under the plan. If you do not have a spouse, it is
important to name a beneficiary.
If you or your spouse left employment prior to January 1, 1985, different rules apply.
What if my former employer has closed, was sold, or declared bankruptcy. How do I find
more information about my potential retirement benefits?
• If a plan is terminated -
Federal law provides some measures to protect employees who participated in plans that are terminated,
both defined benefit and defined contribution. When a plan is terminated, the current employees must
become 100 percent vested in their accrued benefits. This means you have a right to all the benefits that
you have earned at the time of the plan termination, even benefits in which you were not vested and
would have lost if you had left the employer. If there is a partial termination of a plan, (for example, if
your employer closes a particular plant or division that results in the end of employment of a substantial