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Showing content with the highest reputation on 11/26/2019 in Posts

  1. Mr. Bailey, questions for you. I'm alittle confused on the document plan wording: Is the SPD that the the company has online for viewing the same as the policy/plan that I would need to request a copy of or is there a more in depth official type of document that I need to get a copy of? What is the name of the document that I would need to request a copy of that would possibly have more detailed information relevant to my situation? And if there is, do I need to request the copy from the company that I worked for or the actual LTD company that is handling my disability claim through the company? Thank you in advance for your answers.
    1 point
  2. You haven't provided the details necessary to give you an answer. Who is the 401(k) "provider" and what is the reason they say they "froze" the plan. Barring something very odd, the plan administrator has the absolute right to approve distributions; has the provider been appointed as plan administrator? Give us the details and we can better advise.
    1 point
  3. Luke Bailey

    Document errors

    I agree with C.B. Zeller. You want IRS to allow you to amend plan retroactively. If it does nothing to reduce benefits of rank and file, they will probably give it to you. Obviously insufficient facts given to know.
    1 point
  4. I learned something new today and that is really a neat little site/function. Thanks
    1 point
  5. AlbanyConsultant, if there is much money involved, I would be cautious. Rev. Rul. 2019-19 does not deal with the situation of the payee participant's death. Arguably it should stand for the proposition that for federal income tax purposes the amount will be on you deceased participant's final return. However, it is just a revenue ruling, i.e. the semi-authoritative opinion of the IRS, and the example it uses is a small amount forced cashout, so it was really trying to provide a practical accommodation to plan administrators more than being a deep statement or analysis of the rules of constructive receipt. Bottom line, if there is a significant amount involved, I think there is plenty of room for the son and mom to fight in court.
    1 point
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