Unenrolled participant
For purposes of this subsection, the term “unenrolled participant” means an employee who—
(A)#
is eligible to participate in a defined contribution plan,
(B)#
has been furnished—
(i) the summary plan description pursuant to section 104(b) of the Employee Retirement Income Security Act of 1974, and
(ii) any other notices related to eligibility under the plan and required to be furnished under this title, or the Employee Retirement Income Security Act of 1974, in connection with such participant’s initial eligibility to participate in such plan,
(B)(i)#
the summary plan description pursuant to section 104(b) of the Employee Retirement Income Security Act of 1974, and
(B)(ii)#
any other notices related to eligibility under the plan and required to be furnished under this title, or the Employee Retirement Income Security Act of 1974, in connection with such participant’s initial eligibility to participate in such plan,
(C)#
is not participating in such plan, and
(D)#
satisfies such other criteria as the Secretary of the Treasury may determine appropriate, as prescribed in guidance issued in consultation with the Secretary of Labor.
For purposes of this subsection, any eligibility to participate in the plan following any period for which such employee was not eligible to participate shall be treated as initial eligibility.