Plan excludes bonuses from compensation and has a potential 414(s) failure.  Assuming ADP and ACP testing passes using 415 comp are corrective contributions required?  I read conflicting information about that.

Thank you for any guidance   

Plan sponsor is considering excluding certain HCEs, but not all, from the safe harbor from a safe harbor match.  Would such a design still be considered to be a plan consisting "solely" of a safe harbor 401(k) arrangement? 

Thanks for any guidance.

If a plan doc allows for certain provisions (for example, voluntary after-tax contributions) but none of the service providers include that in their offering, what right do participants have to demand it?

Thank you!

Can it be repaid by the estate or family prior to the Beneficiary taking a distribution?

I worked for a company that had their qualified retirement plan at Nationwide.  When i retired i requested a rollover to vanguard.  Nationwide cut me a check for the full balance of the account and I completed the rollover.  Six months later, they claim there was an error in calculating the vesting percentage and want that amount returned.  They have agreed to accept either the dollar amount of the error or the current value of the amount of stock purchased with the error amount.    Assuming I agree that there was an error, my questions are :

1. Has anyone seen this?2

2. Is there a way to correct this which would not involve selling shares of my rollover IRA and creating a taxable event

3. Can I pay this with funds outside of my IRA?  

Has anyone come across whether the NYS HWB program is required be included in compensation for deferrals and match?  I would have thought since it is being run through W2 wages (although exempt from state taxes) it would be treated like any other "bonus" and depending on the definition of compensation, included for deferral and match.  However there was specific language from the NY DOH that says "Employers are not requird to match 401k or other retirement accounts for the bonus payments under the HWB statute".  I am well aware that federal trumps state law but as this is being pushed out imminently I would like some more solid footing to consult my NY clients.

Comments appreciated.

Probably a very basic question for most of you, but I am pretty new to the industry.  I know the 2022 SIMPLE IRA contribution limit is $14,000 (or $17,000 with catch up if over age 50).  Does that contribution limit apply only to the amount the employee contributes, or does that limit also include the employer matching amount?

Thanks!

The Plan document currently provides that forfeitures may be allocated to Nonelective Contributions and to pay Plan Expenses.  The Employer would like to amend the Plan to allow forfeitures to be allocated to, in addition to Nonelective Contributions and Plan Expenses, also to: (1) Additional Matching Contributions, (2) Applied to Reduce Nonelective Contributions and (2) Applied to Reduce Matching Contributions.

My initial thoughts are this amendment should be effective the beginning of the next plan year to avoid a potential Anti-Cutback violation?  Any other issues I may be missing?

If the plan has elected the safe harbor rules for hardship distributions can the plan sponsor rely on employee certifications with respect to the amount to satisfy the financial hardship and the employees need for the hardship distribution? I want to make sure we are okay to just have them sign a certification statement without having to also request documentation proving the hardship. 

I'm working on a plan with year end asset on 12/31/2021 $125,000 at John Hancock & plan made profit sharing contribution amount of $30,000.

Do I need to consider bond amount on $155,000 (with PS receivables) of 10% or only count on $125,000 (John Hancock)? 

Thanks!

I contributed the maximum 401K limit amount of $20,500 from Jan 2022 to June 2022. Today, Aug 23, my 401K shows a QNEC contribution of $100. 

1) Will I have exceeded the 401K limit by $100.00 now due to QNEC contribution? Does QNEC count towards the $20,500 basic 401K limit?

2) I turned 50 years old this year in March. Will the QNEC contribution count towards catch-up contribution even though I have not asked my company to deduct my paycheck for catch-up contribution? Should I start deducting for catch-up contribution (with limit of $6400+$100QNEC = $6500)?

3) Does the QNEC contribution show up in my W-2 as "Elective Deferrals" with a total of ($20,500+$100 = $20,600 + $6,400 =) $27,000 as one entry on W-2 or separate entries for Basic 401K limit of $20,500, separate entry for QNEC, and another separate entry for catch-up contribution?

4) Do I need to fill out any special IRS forms when doing taxes for QNEC especially if it counts towards the basic 401k limit of $20,500 which I would have now exceeded by $100? 

Thank You!

I'm retired and looking into purchasing real estate with some of my funds from my 457 account.  I'm trying to figure out the federal tax rate If I make a withdrawal.  Does it count as income that will it be added to our annual income between my retirement and my wife's salary?  If that is the case it will probably bump us into a higher tax bracket.  Or is there  straight federal tax rate when you make the withdrawal?   I live in California so I know they will want their share as well.  I plan on talking with my CPA, but I thought this forum would be a good starting point and get advice from others on here.  Thanks!

Under a nonqualified 409A plan, must elective deferrals be 100% vested at all times - and only nonelective contributions may be subject to a vesting schedule? Or may elective deferrals also be made subject to a substantial risk of forfeiture? Some citation or authority one way or another would be much appreicated. 

Somebody terminated a one-participant 401(k) early this year (and distributed all assets), and is filing the final 5500. The CPA is asking what the final plan assets should be for line 6(a).

Plan assets are zero, but I guess the confusion comes from the fact that the current IRS 5500 is for 2021 (the 2022 version isn't out yet). The 7-month deadline is approaching, so there's not a lot of time to wait.

Would they just use the 2021 form and indicate at the top that the plan terminated in 2022? Presumably they:

• Check the box for a short plan year
• Enter 1/1/2022 and the termination date as the plan year?

The plan was a calendar-year plan, but again, the plan terminated early in 2022.

Thanks for any pointers on this!

Plan defines normal retirement as "the later of 59 1/2 or 5 years of plan participation".  100% vesting occurs at that point per the Plan.  Plan defines a "year of service" as "1000 hours during the plan year" for vesting.  Plan does not separately define a year of participation. 

Participant was hired in 2017 at age 66.  Termed as of 02/05/2021 (but had no hours or comp in 2021).  Participant had 4 years over 1000 hours (2017, 2018, 2019 and 2020).  Employer match has 2/20 vesting.  Participant is 60% vested in the match upon termination on 02/05/2021) because he had not yet reached his NRD.  So far so good.   

Participant is rehired as of 05/17/2022 working approx 16 hours per week.  Reenters plan on rehire per plan provisions.  Participant needs another 2 years of participation to reach normal retirement under the plan definition.  If he ends up working over 1000 hours he will become 100% vested by the vesting anyway however since he is only scheduled for 16/wk he probably won't make 1000 hours. 

Where I'm getting hung up is trying to figure out if this participant will fully vest upon attainment of the plan's normal retirement definition regardless of his hours worked in the next two years?   

Client is a small company with a 401k plan.  Current employees are owners and one of owners children.  Last non-related employee terminated in 2018.  There is a small forfeiture of $1,500 in the plan.  No participant has had any income after 2018.

There are no unpaid fees, and no income to base an allocation on.

Allocating forfeiture based on account balance has been mentioned, but I don't see how that would work since forfeiture allocations are annual additions, and 100% of the participants income is $0...

Any ideas other than revising 2018 to allocate the forfeiture?

Thanks!

Here is a new one for me.

Sent docs for 2021 plan year 5/31/2022 and they executed on 6/3/2022.

I now get a confirmation that they made the deposit on 5/23/2022.

So, what is wrong with this picture, if anything?

Am I being paranoid that they opened an account without a plan document and also without an executed plan document?

Thanks for comments.

Client has requested an amendment to reduce the maximum allowable loan amount to 50% of vested balance, but not to exceed $25,000.  Client also wants to reduce loan repayment period to 3 years.  Can these elections be made and the loan still satisfy 72(p)?

Any guidance you can provide would be greatly appreciated.

Under our QDRO procedures, under a child support Order, the Participant is responsible for taxes owed on the QDRO distribution.  Normally, we give the Participant the option of either (1) paying the tax amount out of pocket or, (2) increasing the distribution in an amount needed to cover the taxes.  For example, if the QDRO award the AP $100, we can either distribute the $100 to the AP and have the participant pay $10 (10%) out of pocket, or we increase the distribution to $110 so that $100 can go to the AP and $10 can cover the taxes.

We recently received a child support Order that awards the AP 100% of the participant's account.  Clearly, we can't increase the distribution to cover the taxes.  Do we just send the Participant a demand for payment to cover the taxes?  What happens if the Participant refuses to pay?

An auditor friend of mine was reviewing an audit report for an ERISA 403(b) plan. The assets are held by VOYA and Equitable, and are listed on the audited financial statements as Pooled Separate Accounts. His question was that he was of the belief that 403(b) plans cannot invest in PSA's; the investments must be in mutual funds or annuity contracts. Researching this over the weekend led me to believe him.

In reviewing the Equitable report, it appears that each participant has their own unique "contract number". Therefore his and my question is whether the investments with Equitable are appropriate for a 403(b) plan.

Thanks for any replies.