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Answers are provided by Cynthia Van Bogaert, Esq.
 Welcome to the column!
In this column, employers and plan administrators are encouraged to ask questions about the design, drafting and administration of 401(k) plans. Answers are provided by attorney Cynthia Van Bogaert. Ms. Van Bogaert is a partner with the Boardman Law Firm (Boardman, Suhr, Curry & Field LLP) in Madison, Wisconsin. She is a co-author of the 401(k) Plans manual published by the Employee Benefits Institute of America LLC (EBIA), and is an instructor at EBIA's 401(k) plan seminars. She has served as national president (2000-2002) of WEB (Worldwide Employee Benefits Network). Ms. Van Bogaert is a Fellow of the American College of Employee Benefits Counsel. Answers are provided as general guidance on the subjects covered in the questions, and do not constitute legal advice upon which the questioner or others may rely. Any legal issues should be reviewed by your legal counsel to apply the law to the particular facts of your situation.
- Q&A 96: Resource for Online Benefits Laws
- November 11, 2009
- Q&A 95: 2010 IRS and Social Security Limits for 401(k) Plans
- October 16, 2009
- Q&A 94: Why "59 1/2" And Not An Even Number
- September 30, 2009
- Q&A 93: Hardship Distributions and Counterproductive Actions
- August 3, 2009
- Q&A 92: No Last Day Requirement for Safe Harbor Match
- July 24, 2009
- Q&A 91: Qualifying for Small Plan Audit Waiver
- June 30, 2009
- Q&A 90: Vested Amounts Used to Determine $5,000 Involuntary Cash-Out
- May 27, 2009
- Q&A 89: Form 1099-R Legal Authority and Discontinuance of Form W-2P
- April 26, 2009
- Q&A 88: Adding Low Wage Employee Does Not Necessarily Help Top-Heavy Status
- March 24, 2009
- Q&A 87: Qualified Reservist Distributions Affected by Heroes Act
- February 23, 2009
- Q&A 86: Rollovers and Top-Heavy Status
- January 30, 2009
- Q&A 85: No Rounding Down to Determine 60% Top-Heavy Status
- January 19, 2009
- Q&A 84: Determining the Individual's Taxable Year for 402(g) Limit
- December 30, 2008
- Q&A 83: Applying 415 Limits to Off-Calendar Year Plan
- December 15, 2008
- Q&A 82: 1099-R Distribution Code for QDRO
- November 30, 2008
- Q&A 81: Definition of Normal Retirement Age for Vesting; Use of Social Security Act's Definition Generally Not Permitted
- November 14, 2008
- Q&A 80: 2009 401(k) Plan IRS and Social Security Limits
- October 16, 2008
- Q&A 79: Actions for Plan Fiduciaries Regarding AIG and Other Market News
- September 18, 2008
- Q&A 78: Rollover from Traditional IRA into 401(k) Plan
- September 3, 2008
- Q&A 77: Definition of "Traditional IRA"
- August 13, 2008
- Q&A 76: Ability to Rely Upon an "IRS Publication"
- July 31, 2008
- Q&A 75: Severance from Employment Distribution to a Rehired Employee
- July 11, 2008
- Q&A 74: Timing of Deposit for For-Profit Employer Match
- June 7, 2008
- Q&A 73: Timing for Adding Non-Calendar Year Qualified Automatic Contribution Arrangement ("QACA")
- March 15, 2008
- Q&A 72: 2008 IRS and Social Security Limits
- October 19, 2007
- Q&A 71: Annual Valuation Requirement for Defined Contribution Plan
- August 31, 2007
- Q&A 70: Setting the Participant Loan Interest Rate
- June 11, 2007
- Q&A 69: Setting Up Eligible Investment Advice Arrangement
- November 12, 2006
- Q&A 68: 2007 IRS Limits and Social Security Wage Base
- October 18, 2006
- Q&A 67: Rollover Contributions and Testing
- January 2, 2006
- Q&A 66: IRS Cost-of-Living Adjustments for 401(k) Plans for 2006
- October 15, 2005
- Q&A 65: Social Security Wage Base for 2006
- October 15, 2005
- Q&A 64: Social Security Wage Base for 2005
- October 20, 2004
- Q&A 63: IRS Cost-of-Living Adjustments for 401(k) Plans for 2005
- October 20, 2004
- Q&A 62: Start Date for 5-Year Limitation Period on Plan Loans
- August 10, 2004
- Q&A 61: 415 Annual Addition Limit Not Applied Pro Rata During Short First Plan Year
- October 28, 2003
- Q&A 60: 401(k) Plan with Only HCEs; Automatically Passes ADP/ACP Tests?
- October 24, 2003
- Q&A 59: HIPAA Privacy and 401(k) Plan Medical Expenses for Hardship
- October 24, 2003
- Q&A 58: Social Security Wage Base for 2004
- October 16, 2003
- Q&A 57: IRS Cost-of-Living Adjustments for 401(k) Plans for 2004
- October 17, 2003
- Q&A 56: Tax Code 401(k) Limits for 2003
- December 5, 2002
- Q&A 55: 2003 Social Security Wage Base
- November 25, 2002
- Q&A 54: HCE Determination for Start-Up Company with Short First Plan Year
- September 4, 2002
- Q&A 53: QDROs and the 10% Early Distribution Tax
- August 19, 2002
- Q&A 52: 2002 Law Affects Plan Blackout Periods
- August 16, 2002
- Q&A 51: 2002 Social Security Wage Base
- July 15, 2002
- Q&A 46: Trustee's Conflict of Interest; Limits on Commissions
- January 3, 2001
- Q&A 45: Necessary Steps for Terminating a 401(k) Plan
- December 16, 2000
- Q&A 42: Time Frame for Depositing Top-Heavy Contributions
- October 1, 2000
- Q&A 40: 402(g) Deferral Limits for 401(k) and SIMPLE IRA Deferrals for Same Year
- July 12, 2000
- Q&A 39: Legal to Provide Higher Plan Match or Profit Sharing Contributions for Executives?
- July 12, 2000
- Q&A 37: Legal for Years of Service for Vesting Purposes Not to Begin Until Employee Starts Making Deferrals?
- July 12, 2000
- Q&A 36: Legal Authority for 20% Withholding Requirement
- June 25, 2002
- Q&A 33: Are Non-participating HCEs "Eligible Employees" for ACP Testing?
- June 20, 2000
- Q&A 32: Pros and Cons of 401(k) vs. SIMPLE Plan
- June 16, 2000
- Q&A 31: Calculating Service for Leasing Organization Employees Who Are Hired by Recipient Organizations
- June 1, 2000
- Q&A 29: Using a Combination of Actual Hours and Equivalency Methods to Credit Service
- March 22, 2000
- Q&A 26: Mixing Safe and Non-Safe Harbor Definitions for Hardship Withdrawals
- January 11, 2000
- Q&A 24: Retirement Plan Dollar Limits for 2000
- November 24, 1999
- Q&A 22: Administration of Increase to $95,000 for Determining Highly Compensated Employees
- December 26, 2004
- Q&A 19: Safe Harbor 401(k) Contributions Using Employer Securities
- September 6, 1999
- Q&A 18: Summary Plan Description Distribution Requirements
- August 13, 1999
- Q&A 12: Minimum Coverage Testing For Multiple Plans
- May 21, 1999
- Q&A 10: Penalties for Using 401(k) to Purchase Home
- May 4, 1999
- Q&A 7: 401(k) Availability for Tax-Exempt Organizations
- April 14, 1999
- Q&A 5: 1999 Social Security Wage Base
- March 9, 1999
Important notice: Answers are provided as general guidance
on the subjects covered in the question and are not provided as legal advice
to the questioner's situation. Any legal issues should be reviewed by your legal counsel to apply the
law to the particular facts of your situation. The laws, regulations and court decisions in this area
change frequently. Answers are believed to be correct as of the posting dates shown. The completeness
or accuracy of a particular answer may be affected by changes in the laws, regulations or court decisions
that occur after the date on which that Q&A is posted.
Copyright 1999-2008 Cynthia Van Bogaert of the Boardman Law Firm
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