I just uploaded an 8955-SSA file to the Fire system. There was an error on the file. Does anyone know how to cancel the filing?

An employer became an adopting / participating employer in a PEP effective 1/1/2022.  They have 10 eligible NHCE's.

In 2023 they established a new single employer 401(k) plan and did a spinoff from the PEP.

For purposes of the plan startup credits, would they qualify under the Secure 2.0 provisions for administrative expenses under both plans (PEP and single employer 401(k) plan) or are they limited in some way in the 401(k) plan?

Does a plan have to require self-certification for Hardship distributions?

If it is discovered under audit or otherwise that the hardship should not have been permitted (because the employee lied) what is the penalty?

Looking for some general information regarding this type of plan. Can anyone please provide some basics about how these plans work and are administered? Thank you!

Does anyone have information on whether a foreign government entity can sponsor a retirement plan (e.g., SEP-IRA or 401(k)) in the U.S.?  I have not found any direct information on this point.

No, really, this one works - it's a one-person plan.

The owner is maxing his Roth deferrals.  He's even going to make his max $20K PS as Roth because he's in a self-directed brokerage account, so we can make that work.  That leaves $20K to be put in as voluntary after tax, which the document allows.  I figure that should be put into a different account since that has a different tax treatment.

And then what is the best way forward?  My thought was that it was better to roll that VAT money to a Roth IRA instead of doing an in-plan Roth conversion; it helps keep the plan under the $250K to avoid the 5500-EZ for a little longer.  Are there any particular benefits or problems one way or the other?

I don't see any rules about the timing of the Roth conversion.  I'd think that depositing the VAT on Day One and, say, converting it to Roth inside the plan is just a thinly veiled excess Roth plan contribution, but I guess the regs don't see it that way.  Obviously, the goal is to minimize gains in the VAT so there is no taxable income to report (maybe leaving it in cash will take care of that).  I suppose there's still a 1099-R to report the base amount... another reason in favor or rolling to an outside Roth IRA!

Thanks!

I'm working on a new client that has a group of participants who are eligible for the 401(k)/Profit Sharing, but are excluded from the Cash Balance Plan.  Are these participants required to get the 7.5% to pass the gateway?  Or can they be given a lower amount into the Profit Sharing?

Basically, I wanted to confirm that the people who get 7.5% are those who are eligible to participate in both the Profit Sharing and Cash Balance Plan?  If someone is only eligible for the Profit Sharing, can they just get the minimum gateway to pass the New Comp testing?

Their contribution, as well as the Safe Harbor Match, does get included into the 6% max going into the Profit Sharing, correct?  (I'm pushing to move this to the 3% Safe Harbor, as it will obviously help), but I wanted to confirm I was correct.

OK, I researched for a long time before posting this question.  We have a client that has company stock (NYSE traded) as an investment option in their 401(k) plan.  The plan also allows participants to invest all money types, including Roth contributions, in the stock fund.  Further, the plan gives participants the option to either reinvest dividends or pass them through.  The question is if a participant invests their Roth money source in company stock and elects pass through of dividends, are the dividends taxable or tax exempt?  Thanks!

Non safe-harbor 401(k) plan (integrated discretionary PS plan design) has become top heavy.

The key employees defer > 3% 401k. (great NHCE participation so they never fail and thus no safe harbor provision)

If I recall correctly, even if they do not make a nonelective PS contribution, they still need to contribute the 3% top heavy for non-key (as indicated in adoption agreement) just because of the key ee 401k contribs?

We administer a 401(k) Plan with a safe harbor match.

Turns out the employer allowed an employee who was not eligible, to make salary deferral contributions.

Generally, this can be self corrected by having the plan execute a corrective amendment that would allow the ineligible participant to have funded salary deferral contributions. Since the plan does have a safe harbor match, must a safe harbor match be provided to this ineligible employee?

Thanks.

401l(h) accounts can add up to 25% tax deductible contributions to a pension plan.  Are 401 (h) accounts which provide incidental post retirement medical benefits appropriate for small Cash Balance and Defined Benefit plans, where all the participants take lump sum distributions or rollovers on retirement or termination.  Suppose an employer has 3 owners and 10 non-key employees.   If one of the non-key employees retires and distributes or rolls over their full lump sum pension amount, are they still eligible thereafter to benefit from post retirement medical expenses, or must they be receiving a monthly pension from the plan to be eligible for post retirement medical expenses.   Similarly, suppose an employee terminates prior to retirement and takes a full distribution at termination, and later reaches the plan's retirement age while the plan is still inexistence.   Are they then eligible for post retirement medical benefits.   If a key employee is past the plan's retirement age, but still an active participant, can they start to received post retirement medical benefits.  

What actuarial requirements are needed for a pension plan with a 401 (h) account.  Is anyone actively administrating plans with 401 (h) accounts for many of their clients.    

Two cannibals are eating a clown.  One says to the other: "Does this taste funny to you?"

I've had related questions in the recent past and so thank you for past comments.  But I'd like to make sure I put the whole picture out here.  

Corporation is 100% owned by an ESOP.  Corporation sponsors a 401(k) plan.  There are 5 corporate officers.  These 5 plus an additional 10 constitute the ESOP Board of Directors.  All 15 Board members are 401(k) plan participants, not all have balances.  The 401(k) plan is a deferral-only plan with about 250 participants.

So the question is who is a key employee?   Only 2 of the corporate officers have wages of $200,000.  None of the other Board members has wages of $200,000.  No one is a >1% or >5% owner of the corporation since it is 100% owned by the ESOP participants.  I see past comments that plan balances in an ESOP are not treated as owned by the individual but by the trust.  Even if I treat all ESOP Board members as key employees, the plan is far below 60% but obviously I have to get this right. 

And as for the ADP, we are just looking at compensation for 2021 in the 2022 HCE determination process.  There have not been individual owners for about 5 years.

Thank you for comments - they are greatly appreciated as top heavy is critical and can be very ugly - 3% for all non-key.  Tom

Group:

Anyone have a good resource they use that shows to side-by-side comparison with SAR's, Phantom stock other RSO's and non-qualified executive compensation packages that will include tax consequences for employees and employers, limitations if any, along with necessary documentation (plan documents, corporate resolutions other

documents?)?

Or a company that can assist in creating the above.

Thank you in advance.

Bob the doctor has a plan.  He and his wife are divorcing.  She gets a payout ordered by a QDRO.  Can her payout be rolled into her own plan? (she sponsors a single member plan of her own).

Thanks

Hi

A client who uses their DC plan as a QRP made a big booboo last year which I just found out.

For 2021, they used 65k of the QRP as mandated (1/7th) and allocated from the suspense account to the individual account in 2022. No problem for 2021.

However, unbeknownst to me, later in 2022, the client deposited 60k in their account (owner only) by mistake, it was not intended as they are fully aware of the QRP requirements.

For 2022, according to the suspense account balance and 1/6th rule, they need to use 60k of the QRP.

Given that this is 3 person pension plan, is there a way to correct this i.e. client refunds the deposit made in error during 2022 with interest adjustment back to the biz account? I do not see how but......

Otherwise, as the owner is almost at 415c limit, the 60k pretty much will have to be allocated to the 2 rank&file employees (both make 50k in salary and unfortunately one of them is the spouse of the owner aka HCE).

I have never seen this before in all my dealings with QRP and wanted to ask if there is a way to correct this, something I may have missed?

Thank you

Any opinions as to whether the SECURE 2.0 Section 305 will prompt the IRS to allow self-correction of scrivener errors?

I'm guessing not, but it sure would be nice. For example (just saw this recently) safe harbor 3% nonelective, with an additional PS discretionary, was amended in 2021, mid year, to exclude a category of compensation for PS allocation purposes. Since 1,000 hour/last day for the PS, no problem. Problem is that on the AA amendment, wrong box was checked - instead of checking the box to carve this out to exclude for PS purposes only for 2021, it was checked to exclude for all purposes. Clearly unintended, client made the appropriate safe harbor contribution for 2021, etc.

Now, technically this amendment appears to violate 1.401(k)-3(g), and would cause the plan to require ADP testing for 2021, etc. - a pretty harsh outcome. So a VCP filing appears to be required to correct this. Allowing as a Scrivener error would be much nicer.

To be fair, I can see why the IRS generally is leery about allowing self correction for Scrivener error, as it might allow some pretty creative "revisionist history" on plans which isn't justified. So I'm guessing this won't change. 

Opinions? 

I have had an inquiry from an attorney representing the future Payee of a TSP account.  They have in hand the value of the Participant's TSP account funds at the time of marriage (non-marital), and need to determine the growth of those non-marital fund amounts from the date of marriage to the date of the divorce.  I showed them how to use the share price history website to do that to show the growth in the share price between  the two relevant dates.   

But the attorney for the Participant will not accept the TSP website data as authentic. https://www.tsp.gov/share-price-history/  and it looks like the matter will have to be decided by the court.   

Is there a US Code or CFR regulation that makes the website numbers on a Federal agency website presumptively authentic so that the court can take judicial notice?  In this case of would be the Federal Retirement Thrift Investment Board and the TSP.  
  
Or is there some way to get a "business record" certification of the share price history between two dates?  

Thanks, 

David
 

A Participant (Owner) in a 401k PS plan died in July 2022 and his benefit was rolled over to an IRA QTIP Trust for his Spouse in October 2022.  He would have been 72 in September 2022 and his RBD would have been 04/01/2023 had he not passed away.  Now that his benefit was rolled over to an IRA QTIP Trust, is the RMD for 2023 based on the deceased Participant's DOB or the Spouse's DOB?  Is the RMD to be distributed based on the deceased Participant's RMD age or the Spouse's RMD age?

An employer offers a couple of medical benefits (medical travel, infertility) to the extent not otherwise covered by insurance and which are completely self-funded, i.e. paid entirely out of general funds and not backed up by stop-loss. There is no employee pay portion and there is no enrollment, all employees are covered by virtue of being an employee.

COBRA seems to apply - the fundamental question is, what is the COBRA premium, if any, and can the employer require the employee to make an affirmative election for continuation coverage in the absence of any "premium" per se or would the employer have to offer it to all separated employees since there is no premium?

The medical travel benefit is entirely new, so there's no experiential cost to the employer as of yet, but the infertility benefit has been in place for a number of years, so could you hack up the claims experience of that benefit to arrive at a "premium?"

Since the employer can charge "up to" 102% of the premium cost, if it's too difficult to arrive at what the premium would be, could the employer simply decide that it will charge zero, but the employee must still make an affirmative election to continue coverage?