Resolution to terminate 401(k) plan well over 1 year ago. Most of participants have filled out distribution paperwork, but there are 5 that have not responded. We have sent out the paperwork several times. They are not technically missing...more like unresponsive because we believe that we have the correct addresses. The balances are all well above $5,000. One is close to $300,000 and we do not want to roll this over without good authority that we can do so. What can I do to get these participants out of the plan? Can I roll them over to an IRA without authorization when above 5K? As the TPA we are incurring expenses for filing 5500's, etc. and the plan sponsor is out of business and will not pay us so we are not receiving fees for this. Custodian will not take fees out of remaining participants accounts even with Trustee authorization. Any help would be greatly appreciated. Thanks.

If you are terminating the Plan you can move any size account to an auto IRA.

Who is the investment company that will not pay your fee? I have had this experience with the American Funds Direct Platform and the old MFS.

I found that when I pushed American Funds hard enough, that they would do it once at final payout and closing of the plan. Several TPA's I know, recommend against using "American Funds Direct" for this reason.