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Anecdotal evidence tells me most ERs do NOT read anything we send them.

145. That includes doc. AA, appendices, administrative procedures, loan policy, QDRO procedure, and SPD. We won't count the several thousand pages of e-mails that some clients seem to require... P.S. - to my knowledge, NO ONE has EVER read it all. I did have a client read an entire 403(b) document ONCE.

The VCP filings I have been part of that make this case we send the IRS the following if we have them: 1) If a prior document had the desired provision that helps a lot. 2) If you can show that is how it has always been communicated to the employees. Being able to show HR material they use to explain the plan to the employees or such things. If the SPD has the desired provision and the document doesn't seem to help a lot also. 3) If you can show that the plan has consistently been ran the desired way helps. The longer the better. 4) Any other communication to about the desired provision helps. In a recent case we were able to show all the plan documents from the '90s to before the most recent restatement had the desired provision. It looks like whoever did the restatement just blew it. We were able to show the desired provision was how the plan was done before and after the restatement in question. That VCP was accepted 100% by the IRS. They just allowed a reto amend.

Our approach is to take the balance as of the date of the force-out - UNLESS there is an identified (and payable) receivable. in which case we wait. I don't see a future profit sharing contribution not yet payable to be an issue. It will, of course, cause there to be a need for a secondary distribution.

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I would add I would start updating my resume tonight. I don't think I would want to work for this kind of company. It is just I would also rather me control the timing of the leaving instead of them .

The BenefitsLink elves have been busy lately, cobbling together an improved version of our online directory of webcasts and conferences for employee benefits practitioners. The directory shows upcoming webcasts and conferences from many different firms, and shows hundreds of recorded webcasts available for immediate viewing. Find the directory at: https://benefitslink.com/events By choosing various options on that page, you can drill down to view only those webcasts and conferences that match particular criteria. Here's a link to one particularly useful view: 240 free recorded webcasts about health and other welfare benefit plans We now have a total of more than 1,200 webcasts and conferences listed, for all kinds of benefit plans! (That number includes events for which a fee is required by the sponsoring firm, and those that are free.) Enjoy! Dave Baker, Publisher Lois Baker, President BenefitsLink.com

an 1800 distribution isn't going to mess up anyone's social security retirement benefit unless she has so much income it pushes her into a higher bracket where more of the benefit is taxed. don't violate plan terms - pay lump sum or pay nothing - she can roll to ira and make her own installments if necessary.

Well ...... could there be anything else at issue? Such as a possible partial termination? Any relevant collective bargaining agreement? Failing any special situations, the advice above is correct. Just make sure you follow the plan's procedures related to claims and/or appeals.

Seriously, tell him to go fly a kite--That's not how qualified plans work

Just say no. It's their burden to prove that they have a "legal" reason to claim 100% vesting, otherwise, just ignore them. We often get people (including lawyers) who claim that if they don't get their way, they are going to sue! My response is, "OK. Please copy me on the complaint when filed so we can immediately respond." Never had one follow through on it.