Looks to me like original plan doc preparer neglected to check off to exclude union, nonresident aliens and leased employees from a plan doc.

Never having seen this, curious if, as part of restatement, such exclusions could be added moving forward.

No such employees have been employed per plan sponsor.

Plan excludes bonus from compensation and there are post entry compensation for two participants (as per plan document). 

How should I determine total 404 (25% Deduction Limit) compensation for any plan year? excluding bonus & post entry compensation or only consider gross compensation

Thanks in advance.

if a plan is on a PPA document right now, and was merging into a plan that had a cycle 3 document by the end of year, is there any requirement for the plan to do an amendment before merging? I wouldn't think so but curious what the experts here think.

Here's hoping you and yours have a great Thanksgiving holiday weekend!

To my friend in Canada, Happy Belated Thanksgiving.

To those elsewhere, have fun working tomorrow!  LOL

Is there an updated template for the QDIA notices?  I can't seem to find one for some reason.

Thanks everyone!!

An ESOP sponsor is controlled by husband and wife, who are direct shareholders in the sponsor and are also the ESOP's trustees.  Is there a prohibited transaction or fiduciary breach if the ESOP sponsor leases or purchases property from a company that is in a controlled group with the ESOP sponsor?  The ESOP is not a party to the lease or purchase transaction, but it seems there is opportunity for abuse, for example, if the ESOP sponsor pays more than fair market value to lease or purchase the property.  The value of the plan sponsor is thereby diminished, to the detriment of ESOP participants, while the controlled group member is unjustly enriched.  Would an independent valuation of the leasehold interest or of the property offer protection against any prohibited transaction or fiduciary breach concerns? 

Just putting this out there, does anyone have a resource that provides a good comparison or mid-level information for various plans. Like 401(k), 403(b), 403(b)(9), 457 plans, 457(f) plans, etc. Thanks

Participant terminates and submits full distribution paperwork.  Prior to distribution check being written, he is rehired.  Is there any reason the check still needs to be written?

I have this older client who has a single member business (a civil engineer consultant).  He want's to retire.  Unfortunately, he got hooked up with a guy who sold him 2 lots in an RV park.  Both lots are basically worthless now, he can't sell them. I've never heard of a pension plan donating assets.  He's ready and willing to walk away if that is what it takes to liquidate his plan once and for all.  

- Can the plan donate the RV lots?
- Does he have to take the RV lots as a distribution in "kind", and then donate them?

Any thoughts on what the best course to take might be?

This is definitely not in my wheel house.  Does anyone have any information?  I truly appreciate it:

I was approved for my disability claim.  I do not think they are computing the correct amount that is taxable on one of my benefits, which is also the largest.  $3500 a month was paid by Cornell, so that is taxable.  But the $21500 was paid by me in after-tax dollars.  Based on my understanding, then only 14% should be taxable.

I know that the 3% Safe Harbor notices are no longer needed.

But what about an existing plan that is adding it?  Do they have to give a notice the first time?

If we do an SMM, it's not due until 210 after the plan year of the amendment!

Same thing for an SPD of an in-effect plan.

What about a start-up plan?  Is a notice due?  Or will the SPD suffice?

Hi

Have to admit as it has been quite a few years that I had a frozen DB plan to deal with and 401a26 testing so a bit rusty.

Plan is 3 years old and frozen beginning in2021 - hard freeze i.e. both participation and benefit accruals. It is EOY valuation. No terminations/pay outs for the past 3 years.

It is top heavy and PBGC covered.

How do I determine if 401a26 is required for 2021 for the following data as of 12/31/2021:

Assets: 350k

FT: 340k

Lump sum @ plan AE: 355k (assume 100% vesting although everyone is at 40%)

Lump sum at 417e: 580k (assume 100% vesting although everyone is at 40%)

2020 SB FTAP: 138%

2021 AFTAP: 105%

2020 SB line 16 - prior year funding %: 80%

What say you?

Thanks

Why do auditors ask for prior year 5500's?

All the filings going back to 2009 are online, and can be downloaded in an instant.

Maybe I'm losing my marbles, but wouldn't the outstanding balance of a loan as of the date the participant stopped payments be reamortized with an additional one year?

So a 5 year would now be a 6 year loan?

That's what the recordkeeper for a plan is telling the client.

Good morning everyone!  Is anyone familiar with the Auto-IRA Mandate recently signed for New York?  I know it says that if you are already providing a retirement plan they are exempt from the mandate.  If an employer opted to put a plan in today, though, are they also exempt from the mandate? 

A >5% business owner, still working, turned 70-1/2 in 2019 and took an RMD in 2019.  He did not take an RMD due to the waiver in 2020.

In early 2020 he sold all of his ownership shares but continues to work.

For RMD purposes, is he still considered a key employee who would need to take an RMD in 2021?  Would the RMD requirement for him change in any future years if he continues to work?

Thanks

I was granted disability retirement in 2000 by Marin County, Ca. Then married in 2008. And divorced in 2019. The court ordered spousal support be attached by QDRO which I opposed and basically had no choice and they pushed it thru. The order never signed by me, went to administrative person and they approved it without a dollar amount or percentage to be paid or the number of payments or time period to which the order applies  which are required. The ERISA specifically spells that out. Did the plan administrator unlawfully qualify this DRO? If so what can I do? They never even sent a joinder in person to my court appearance. Just submitted a letter at the last hour on the last day. I feel like the plan administrator dropped the ball on this and qualified a DRO that did not meet the requirements set forth by ERISA. This has basically made me homeless and is pretty disgusting. Thanks for reading . 

sincerely,

The Shaft

Have a 401k PSP where the doctors have investments in different brokerage firms (Schwab, Fidelity, etc.). This plan recently voted to update their trustee listing to incorporate all 12 current owners. An advisor for another doctor at the company advised the plan sponsor that all 12 trustees must report their SSN and DOB to Fidelity (custodian of doctor's assets) due to the Patriot Act. 

I tried researching the Patriot Act and did not have any luck. Is the advisor correct?

NAHU and others have stated ERISA Sectioin 733 (a) defines group health plan to include Dental and Vision for disclosure purposes.  Is anyone aware if the volunatary group products CI, Cancer, and HI in the title are also included in the defined covered plans?  Not purely list billed Individual CI, Cancer, HI plans.  So far no one has been able to answer this, but each covers medical care and are sold to Groups via payroll pre-tax reduction under Section 125 Plan, so they are included in ERISA Plan Documents.  Thanks in advance

Company missed a deferral opportunity for one employee.  Failure to implement an employee election.  No doubt here.

Correction is 50% QNEC.  I get that.

But to make up the match, it's:

Quote

"(c) Missed opportunity affecting matching contributions. In the event of failure...if the employee would have been entitled to an additional matching contribution had either the missed deferral or after-tax employee contribution been made, then the Plan Sponsor must make a corrective employer nonelective contribution for the matching contribution on behalf of the affected employee, or a corrective QNEC in the case of a August 2, 2021 230 Bulletin No. 2021–31 safe harbor plan under § 401(k)(12)."

What does "nonelective contribution for the matching contribution" mean?  Is it a convoluted way of saying it has to just be a match?  If not, what kind of nonelective contribution?

This is NOT a safe harbor plan, so it won't be a QNEC.