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Showing content with the highest reputation on 10/02/2017 in all forums

  1. ESOP Guy

    401K Loan Default

    I would start with talking with your former employer and see what they think happened. It is their duty to get it right and get it fixed. So take some pay stubs to them and ask if loan payments were taken from my check why is Fidelity saying my loan wasn't paid? Make sure Fidelity isn't saying your loan in now in or heading to default because of your termination and something in the loan agreement says upon termination the loan become 100% due. Most plans give you some time to repay if you have the cash but that is a possibility. If they don't give a good answer come back and the professionals here can help you come up with good next steps.
    1 point
  2. One more thing that you should note when there is insurance in the plan. There are two qualification rules that are affected when you have insurance. First, having the insurance cannot be discriminatory. So, i would be concerned if the insurance was only available to HCEs (which may be the case if no new insurance has been offered to anyone since 1904. :) Second, the amount paid for the insurance must be incidental. If there have been years with no profit sharing contribution (assuming a profit sharing plan), it is possible that the payment of insurance premiums ceased to be incidental. (n general, "incidental" for term policies means that the total premiums paid must be less than 25% of the total contribution and forfeiture allocations for all years; if it's a whole life policy, the percentage is 50%. If it's universal life, it's basically the term rules, applied to the term portion of the policy.) So, my only point here is that this is a Pandora's Box -- be sure to open it all the way or warn the client of ramifications so that it does not bite you in the proverbials. Of course, none of this should be interpreted to be legal advice ... Have a nice weekend, everyone.
    1 point
  3. Who's talking about post year end compensation? This is an issue of post plan termination compensation; which cannot possibly be eligible (since the terminated plan no longer accepts contributions for compensation received after plan termination. This is a simple concept. Good Luck!
    1 point
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