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Showing content with the highest reputation on 03/26/2013 in all forums

  1. I would say just reissue the check and move on if there is ample evidence the funds were sold prior to March 15. I look at it this way: what if someone took a distribution on December 27, 2012 check issued December 28, 2012. The 1099 will say 2012. If the check gets lost and not reissued until February, the 1099 will still say 2012 even though the check that eventually gets cashed is dated and executed in 2013.
    1 point
  2. I say have the plan sponsor amend the plan to add 'sham terminations' as a distributable event and then the whole thing becomes quite legitimate.
    1 point
  3. I agree with your employer. Termination for no reason other than to permit a distribution, and with intent to rehire, is not a termination at all.
    1 point
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