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Florida Model Notice of Blackout Periods under Individual Account Plans

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US-356EM
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Description

This model notice informs employees of blackout periods under individual investment account plans.

The Florida Model Notice of Blackout Periods under Individual Account Plans is a legal document that provides important information related to black out periods in individual account plans in the state of Florida. Blackout periods refer to specific timeframes during which participants in these plans are restricted from making certain investment transactions. Under the Employee Retirement Income Security Act (ERICA) regulations, plan administrators are required to provide notice to plan participants and beneficiaries about any upcoming blackout periods. This Model Notice of Blackout Periods outlines the details and requirements for such notifications and aims to ensure compliance with ERICA guidelines. The notice typically includes important information such as the duration of the blackout period, the specific reason for the blackout, and the impact it may have on participants' ability to manage or access their investment accounts. Participants are informed about what transactions will be restricted or limited during this period, including the ability to direct investments, request loans, or change contribution allocations. Furthermore, the model notice provides participants with instructions on how to obtain additional information regarding the blackout period and whom to contact in case of any inquiries or concerns. It may also include guidance on alternative investment options or steps participants can take to mitigate any potential negative effects resulting from the blackout period. Different variations or types of the Florida Model Notice of Blackout Periods under Individual Account Plans may exist to cater to specific types of individual account plans. For instance, there might be separate notices applicable to 401(k) plans, individual retirement accounts (IRAs), or other similar retirement savings plans regulated by ERICA. Other relevant keywords related to this topic might include ERICA regulations, participant communication, investment restrictions, retirement savings, employee benefits, financial planning, plan administrators, fiduciary responsibilities, and compliance guidelines. It's important to note that the exact content of the Florida Model Notice of Blackout Periods under Individual Account Plans may vary depending on legal requirements and updates in ERICA regulations. Therefore, individuals and plan administrators should always consult the most recent guidelines and seek professional advice to ensure compliance and accuracy in their notice provisions.

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FAQ

A blackout period in financial markets is a period of time when certain peopleeither executives, employees, or bothare prohibited from buying or selling shares in their company or making changes to their pension plan investments. With company stock, a blackout period usually comes before earnings announcements.

These include Summaries of Material Modifications (SMMs), Summary Annual Reports (SARs), and notices regarding changes to investment funds and certain other information in the Annual Fee Disclosure.

A blackout notice should contain information on the expected beginning and end date of the blackout. The notice should also provide the reason for the blackout and what rights will be restricted as a result. The notice must specify a plan contact for answering any questions about the blackout period.

Black-out periods. occur when the ability of plan participants to take certain actions is temporarily. suspended. Sarbanes-Oxley requires that participants receive advance written. notice of certain black-out periods, and restricts the ability of insiders to trade in.

Employers must distribute the SAR to each plan participant covered under the plan during the applicable plan year, including COBRA participants and terminated employees who were covered under the plan. For instance, the Form 5500 (and the associated SAR) filed in 2020 pertain the to the plan that was offered in 2019.

Electronic distribution is permitted as long as you provide the mechanism being used, and participants are required to access that mechanism as part of their jobs. A company-provided email address that participants are required to check is one example.

The new law says that written notice must be given to participants and beneficiaries at least 30 days before the blackout period begins and not more than 60 days before. Failure to issue notification of a blackout period may result in severe penalties.

More info

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Florida Model Notice of Blackout Periods under Individual Account Plans