By: Nicsa Unclaimed Property Committee & Nicsa Retirement Committee
Collaboration is essential as regulatory expectations for unclaimed property continue to evolve across the asset and wealth management industry. Through a joint effort by NICSA’s Unclaimed Property Committee and Retirement Committee, members are aligning perspectives and navigating increasingly complex requirements across ERISA and non-ERISA frameworks. Central to this effort is the ERISA and Non-ERISA Unclaimed Property Reporting Guide, developed and presented by long-time NICSA member Abandoned Property Advisors (APA).
This work is particularly timely as policymakers consider proposals such as H.R. 5325, which could introduce new frameworks for handling unclaimed retirement distributions. While intended to improve participant outcomes, such proposals underscore the need to clearly distinguish between ERISA-governed plan assets and non-ERISA accounts. This contribution reflects the strength of member-led engagement—bringing practical insights, aligning industry perspectives, and helping firms interpret complex scenarios with greater confidence. The issues outlined in the guide underscore the importance of staying current as regulatory expectations evolve.
The guide focuses on key technical distinctions that firms must understand without overcomplicating execution. It differentiates between ERISA plan assets, which generally must remain within the plan trust and are subject to ongoing fiduciary obligations, and non-ERISA assets, such as IRAs, which are governed by state unclaimed property statutes and become reportable after the applicable dormancy periods.
It also addresses nuanced scenarios, including terminated plans pending PBGC transfer, post-distribution refunds, and accounts with returned mail or outdated participant information. Across these scenarios, the emphasis is on applying appropriate due diligence standards, leveraging regulatory guidance, and documenting fiduciary decisions to support compliance in an increasingly scrutinized environment.
As regulatory and legislative activity continues, firms must remain vigilant by increasing efforts to communicate with owners, update processes, monitor developments, and ensure consistency across operational and compliance functions.
Nicsa’s collaborative model brings these critical elements together, reinforcing the value of membership. By convening leaders from both the Unclaimed Property and Retirement Committees, Nicsa provides a forum for practical dialogue, peer exchange, and coordinated problem-solving.
Enhanced by contributions from member firms such as APA, these efforts help translate complex regulatory issues into actionable guidance. For firms evaluating their current practices, this industry collaboration—and access to experienced practitioners—can be an important part of maintaining alignment with evolving expectations.
Through its committees, Nicsa brings together diverse perspectives across the asset and wealth management industry to foster ongoing collaboration. To learn more about Nicsa membership or explore how your firm can participate in peer discussions, contact [email protected].
Observations contained in this work do not necessarily reflect the views of Nicsa or any member organization. Nothing herein is intended to be or should be construed as legal advice. Contact your own counsel in order to obtain advice regarding legal or regulatory matters.
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