TN 1 (02-93)

NL 00901.020 Model Letters—ERISA

A. WHEN TO USE

Use the following letters to respond to any request or inquiry received from an individual based on the receipt of an incorrect ERISA notice.

B. EXHIBIT

ML901, Incorrect/Incomplete Information

We are writing to tell you that the Notice of Potential Private Pension Benefits we sent you contained incorrect or incomplete information. We apologize for the mistake and regret any inconvenience it may have caused.

We have enclosed a notice showing the correct pension plan and Plan Administrator.

We have no say in the administration or benefit policies of any private pension plans and do not make any decisions about benefits paid under a private pension plan. Therefore, we are unable to answer questions about beneficiary entitlement under a specific private pension plan.

Please contact the Plan Administrator listed in the notice to find out how to apply for pension benefits under the plan or for any additional information.

 (Name of Director)
Director, Office of
Central Operations

Enclosure

C. EXHIBIT

ML902, Deferred Vested Pensions—No Pension Information

We are returning your request for information about deferred vested pension rights because we have no pension information recorded under the name and Social Security number you furnished.

We have information about a participant's rights under a pension plan only after he or she either:

  • stops working under the plan, or

  • has had a break in service of a special period within the plan.

Plan administrators have up to 7 months after the close of the plan year to file a deferred vested rights report. This information should be available in our records about 15 to 18 months after the end of the plan year. If you stopped working or had a break in service, a report may be on its way. Rather than wait, you may wish to contact your Plan Administrator directly.

The information we have given you applies only to deferred vested benefit rights under private pension plans. It does not apply to your Social Security earnings record nor any Social Security benefits to which you may be entitled.

We apologize for the delay in answering your letter.

 (Name of Director)
Director, Office of
Central Operations

Enclosure

D. EXHIBIT

ML903, Unnecessary Information—Explanation

We sent the Potential Private Pension Benefit Information notice to tell you that the         (1)        pension plan had reported that        (2)      may         (3)        entitled to benefits from the plan. It was not a request for information.

We have no say in the administration or benefit policies of any private pension plans and do not make any decisions about benefits paid under a private pension plan. Therefore, we are unable to answer questions about beneficiary entitlement under a specific private pension plan.

Please contact the Plan Administrator listed below to apply for any benefits which may be due, or for any additional information.

                       (4)           

 (name of director)
Director, Office of
Central Operations

Enclosure

Fill-ins:

  1. name of pension plan

  2. you/person's name

  3. be/have been

  4. name and address of Plan Administrator

E. EXHIBIT

ML904, Form SSA-L99C1—Sent Information on Wrong SSN

The Notice of Potential Private Pension Benefits we sent you contained incorrect information because of a mistake in the Social Security number.

We have corrected the mistake and sent the information to the correct individual.

We apologize for the mistake and regret any inconvenience it may have caused you.

 (Name of Director)
Director, Office of
Central Operations

F. EXHIBIT

ML905, No Response from Plan Administrator

We sent the Potential Private Pension Benefit Information notice to tell you that the        (1)       pension plan had reported that        (2)      may       (3)      entitled to benefits from the plan.

We have no say in the administration or benefit policies of any private pension plans. Therefore, we are unable to answer questions about beneficiary entitlement.

The information we sent you earlier is the only pension information in our files.

You may wish to write the Department of Labor, Pension and Welfare Benefits Program, Room 4659, 3rd Street and Constitution Avenue, N.W., Washington, D.C. 20216 for the following reason:       (4)     . The Department of Labor is responsible for protecting individual's rights under a private pension plan.

 (Name of Director)
Director, Office of
Central Operations

Enclosure

Fill-ins:

  1. name of plan

  2. you/person's name

  3. be/have been

  4. reason for writing

G. EXHIBIT

ML906, Who to Contact

We sent the Potential Private Pension Benefit Information notice to tell you that the       (1)      pension plan had reported that you may be entitled to benefits from the plan.

We have no say in the administration or benefit policies of any private pension plans. Please contact the Plan Administrator listed in the notice to find out how to apply for pension benefits under the plan or for any additional information.

The information we sent you earlier is the only pension information in our files.

 (Name of Director)
Director, Office of
Central Operations

Enclosure

Fill-ins:

  1. name of plan

H. EXHIBIT

ML907, Change in Benefit Amount

We sent the Potential Private Pension Benefit Information notice to tell you that the        (1)       pension plan had reported that        (2)      may       (3)      entitled to benefits from the plan.

We can give you only information given to us by the Plan Administrator. We do not check the accuracy of the reported information. We also realize that the actual method and/or amount of payment under a plan may differ from that shown on the Potential Private Pension Benefit Information notice. The reasons for this include:

  • changes to plan rules;

  • benefit options selected; and

  • mistakes in the information given to us by the Plan Administrator.

The information we sent you earlier is the only pension information in our files.

Please contact the Plan Administrator listed below to apply for any benefits which may be due, or for any additional information.

                           (4)          

 (Name of Director)
Director, Office of
Central Operations

Fill-ins:

  1. name of plan

  2. you/person's name

  3. be/have been

  4. name and address of Plan Administrator

I. EXHIBIT

ML908, Explanation

We sent the Potential Private Pension Benefit Information notice to tell you that the       (1)      pension plan had reported that you may be entitled to benefits from the plan.

We have no say in the administration or benefit policies of any private pension plans and do not make any decisions about benefits paid under a private pension plan. Therefore, we are unable to answer questions about beneficiary entitlement under a specific private pension plan.

The information we sent you earlier is the only pension information in our files.

Please contact the Plan Administrator listed below to apply for any benefits which may be due, or for any additional information.

                           (2)          

 (Name of Director)
Director, Office of
Central Operations

Enclosure

Fill-ins:

  1. name of plan

  2. name and address of the Plan Administrator

J. EXHIBIT

ML909, Explanation—Guaranty Corporation, Referral

We sent the Potential Private Pension Benefit Information notice to tell you that the       (1)      pension plan had reported that you may be entitled to benefits from the plan.

We have no say in the administration or benefit policies of any private pension plans and do not make any decisions about benefits paid under a private pension plan. Therefore, we are unable to answer questions about beneficiary entitlement under a specific private pension plan.

The information we sent you earlier is the only pension information in our files.

If you have written to the Plan Administrator and had your letter returned, you may wish to write to the Pension Benefit Guaranty Corporation, Inquiries Department, 2020 K Street, N.W., Washington D.C. 20006. This corporation is responsible for protecting individuals' rights under private pension benefit plans.

 (Name of Director)
Director, Office of
Central Operations

Enclosure

Fill-in:

  1. name of plan

K. EXHIBIT

ML910, Receiving Pension—Different Amount Reported

We sent the Potential Private Pension Benefit Information notice to tell you that the       (1)      pension plan had reported that you may be entitled to benefits from the plan.

We can give you only the information given to us by the Plan Administrator. We do not check the accuracy of reported information. We also realize that the actual method and/or amount of payment under a plan may differ from that shown on the Potential Private Pension Benefit Information notice. The reasons for this include:

  • changes in plan rules;

  • benefit options selected; and

  • mistakes in the information given to us by the Plan Administrator.

We have no record of who received or is receiving private pension benefits. Since you told us you are already receiving your benefits, you may disregard our notice.

Please contact the Plan Administrator listed in the notice to apply for any benefits which may be due, or for any additional information.

 (Name of Director)
Director, Office of
Central Operations

Fill-in:

  1. name of plan

L. EXHIBIT

ML911, KEOGH Plan

We sent you a Notice of Potential Private Pension Benefits which contained information about a KEOGH Plan/Individual Retirement Account.

This information was sent to you in error. We apologize for the mistake and regret any inconvenience it may have caused.

This notice was designed for persons covered by private pension plans under the Employee Retirement Income Security (ERISA) Act of 1974. However, a KEOGH Plan/Individual Retirement Plan does not fall under ERISA and should not be reported to the Internal Revenue Service as deferred vested benefits. Therefore, please disregard the notice you received.

If you wish to inquire further, you may contact the Department of Labor, Division of Technical Assistance and Inquiries, Room N-5658, Washington D.C. 20210, Attention: Vincent Borlaug. You may also contact that office by calling area code (202) 523-8776, 523-8921 or 523-9054.

 (Name of Director)
Director, Office of
Central Operations

M. EXHIBIT

ML912, Deferred Vested Benefits—Explanation

Enclosed is a Notice of Potential Private Pension Benefits containing the information you requested. This is the only pension information in our files.

When a person leaves a job covered by a private pension plan before retirement age, but has earned a right to future pension benefits under the plan, such benefits are called “deferred vested benefits.” We maintain this information about persons who have deferred vested benefit rights with private pension plans. We give this information to these persons (and their dependents or survivors) upon request, or automatically when they apply for Social Security benefits.

We have information about a participant's rights under a pension plan only after he or she either:

  • Stops working under the plan, or

  • Has had a break in service of a specified period within the plan.

Plan Administrators have up to 7 months after the close of the plan year to file a deferred vested rights report. This information should be available in our records about 15 to 18 months after the end of the plan year.

The information we gave you applies only to deferred vested benefit rights under private pension plans. It does not apply to your Social Security earnings record nor any Social Security benefits to which you may be entitled.

Please contact the Plan Administrator listed in the notice to apply for any benefits which may be due, or for any additional information.

We apologize for the delay in answering your letter.

 (Name of Director)
Director, Office of
Central Operations

Enclosure


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0900901020
NL 00901.020 - Model Letters--ERISA - 01/02/2004
Batch run: 01/27/2009
Rev:01/02/2004