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COLLECTED WISDOM™ on Plan Blackout Periods

    
The issue of "blackout" (often called lockdown or transition) periods has become an important issue. We have started this collection of articles on this issue to help you understand and work throught the subject.

What is a "Blackout Period"? - Summary: A blackout period results in a suspension of participant.s rights to make changes to their account, including features such as but not limited to: changing investment allocations, changing deferral percentages, requesting loans or distributions. Source: WithumSmith+Brown , January 2011.

Blackout Notice Suit Allowed to Move Forward - Summary: A federal judge in Ohio ruled that a 401k profit-sharing plan and two participants can press forward with their lawsuit alleging that Principal Life Insurance Co. breached its duty to make a timely notice of a plan blackout period. Source: Plansponsor.com, July 2010.

Basic Principles of the Blackout Notice - Summary: A blackout period is defined as a period of more than three-business days during which a participant has been "temporarily suspended, limited or restricted" from any one of the following: directing or diversifying assets credited to their account, obtaining a distribution, or obtaining a loan. This article covers the basics. Source: McKay Hochman, March 2010.

DOL Releases Blackout Notice Guidelines - Summary: The U.S. Department of Labor (DOL) has released requirements for blackout notices to 401k plan participants as required by the Sarbanes-Oxley Act enacted earlier this year. The guidance addresses the required contents and timing, includes a model participant notice and is effective for blackout periods beginning on or after January 26, 2003. Located on: Watson Wyatt Worldwide.

DOL Releases Final Rules for Blackout Period Notices - Summary: This document contains the final rule under ERISA, which was enacted into law on July 30, 2002 as part of the Sarbanes-Oxley Act of 2002, provides that written notice is to be provided to affected participants and beneficiaries of individual account plans of any ''blackout period'' during which their right to direct or diversify investments, obtain a loan or obtain a distribution under the plan may be temporarily suspended. The final rules provide guidance to plan sponsors, administrators, participants and beneficiaries regarding the requirements for furnishing notices of blackout periods in individual account pension plans. Source: U.S. Department of Labor , January 2003.

Public Comments on Blackout Notice and Civil Monetary Penalty Regulations - Summary: Labor Department Issues Rules on Disclosure of Pension Plan "Blackout Periods." They have published the public comments to these rules at this link. Located on: U.S. Department of Labor.


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