From posts on the ACOPA board, it seems that most people will be adding the DOL language to future AFN's. Regaring those that have already been released without it, some plan on ignoring the requirement, others plan to send out the DOL disclosure only.
Following was posted by Joan Gucciardi
QUOTE
From: CollegeofPensionActuaries@yahoogroups.com [mailto:CollegeofPensionActuaries@yahoogroups.com] On Behalf Of Joan Gucciardi
Sent: Thursday, August 20, 2009 1:31 PM
To: CollegeofPensionActuaries@yahoogroups.com
Subject: RE: [CollegeofPensionActuaries] AFN and Small Plan Audit Waiver
Here’s an interesting piece of news that I received from Janice Wegesin earlier this week:
“Last week you wrote me about the "audit waiver" language that should be added to the Annual Funding Notice for a small defined benefit plan.
I'm reading something from DOL (that I cannot share right now) that says that the administrator of a defined benefit plan must either provide the information to participants and beneficiaries with the AFN or as a stand-alone notification within the time a SAR would have been due and in accordance with the rules for furnishing SARs, although such plans do not have to furnish a SAR.
So, distributing it separately from the AFN is just fine, it appears.”
Joan