Calendar year plan, integrated pooled PS only.  Client forgot to deposit the 2018 profit sharing until sometime in January 2020 (still tracking down date to see if it was "in transit" by 12/31/19).  Let's say it was sufficiently late in the month so that argument doesn't hold water (if it even can in the first place).

I had a vaguely-related question a couple of years ago (link), and @Tom Poje was great enough to find some IRS language from a 2010 ASPPA Q&A:
 

Quote

Contributions made after the Section 415 timing date of 30 days after the tax return due date are considered to be annual additions for the following year. However, if consider the contribution a self-correction under EPCRS, it is permissible to relate this back to the earlier year. If the contribution is made after 12/31, you are clearly under EPCRS. [One of the exceptions to the 415 timing rule is an erroneous failure to allocate. See Treas. Reg. 1.415(c)-1(b)(6)(ii)(A). EPCRS clearly treats post-415-period deposits that relate back to a prior plan year as an annual addition for the year to which it is meant to be paid, but EPCRS applies only after the 12/31/09 deadline. Therefore, there is a lack of guidance for the period between 30 days after the tax return due date and the end of the 12-month regulatory correction period.]

Does this mean we get to treat this as a correction under EPCRS now?  That seems almost too easy.  Here's Treas. Reg. 1.415(c)-1(b)(6)(ii)(A):
 

Quote

(ii) Special timing rules -

(A) Corrective contributions. For purposes of this section, if, in a particular limitation year, an employer allocates an amount to a participant's account because of an erroneous forfeiture in a prior limitation year, or because of an erroneous failure to allocate amounts in a prior limitation year, the corrective allocation will not be considered an annual addition with respect to the participant for that particular limitation year, but will be considered an annual addition for the prior limitation year to which it relates. An example of a situation in which an employer contribution might occur under the circumstances described in the preceding sentence is a retroactive crediting of service for an employee under 29 CFR 2530.200b-2(a)(3) in accordance with an award of back pay. For purposes of this paragraph (b)(6)(ii), if the amount so contributed in the particular limitation year takes into account actual investment gains attributable to the period subsequent to the year to which the contribution relates, the portion of the total contribution that consists of such gains is not considered as an annual addition for any limitation year.

Does it seem to be a generous interpretation of this Treasury Reg that seems to be looking at more extraordinary circumstances to stretch it to cover a situation like this?  Is there any other way out?  Or is the doctor, who was of course maximized for 2018, doomed to a $1,000 allocation for 2019?  Thanks.

If someone under the age of 59.5 wishes to take a withdrawal based on the CARES Act, are they still restricted on money type(s)?  In other words, can they withdraw their Safe Harbor money?

I haven't had anyone ask for a withdrawal until now, surprisingly.  And I have searched for an answer, and can't find it.  I swear I've read this somewhere, so forgive me if it's been answered. 

Thanks!

So if the minimum funding deadline's been bumped to 1/1/2021 instead of 9/15/2020, how would Schedule SB be prepared for a client who makes their deposit in November?  Show $0 made on the 5500 due 10/15 and simply amend the filing when the date's confirmed?

(Or are we expecting any sort of ruling providing an extension on just the SB part of the 5500 filing, perhaps?)

--bri

I swear my brain is turning into mush these days.....did the SECURE Act extend the deadline to adopt a DB plan until the date of the tax filing as well?  Meaning, if I have a company that has a 6/30/2020 plan year end, do I have until the tax deadline to adopt a plan or must it still be signed by 6/30/2020?

Several of our clients have been approached by vendors to offer telemedicine products outside of their group health plans (e.g., to part-time employee groups who are not eligible for medical coverage). It has always been my understanding that telemedicine benefits would constitute a group health plan and be subject to Affordable Care Act requirements (preventive services, etc.) that would be functionally impossible for a telemedicine benefit to meet (e.g., the requirement to offer immunizations). I have seen some vendors make the argument that the telemedicine benefits could fall under the excepted benefits rules, as EAPs. However, in order for an EAP to be an excepted benefit, it cannot offer significant benefits in the nature of medical care. I find it hard to believe a telemedicine benefit could meet that requirement. 

Are you guys also seeing these products becoming very common? Is there some rule I am missing that is allowing employers to offer standalone telemedicine benefits to their employees? TIA for any thoughts!

Plan wants to add a SH NEC via the Secure Act provisions.  This gives them ADP SH but not ACP.  The plan typically only passes ACP using borrowing.  Can they still borrow from the ADP if it is SH?  Also, testing method was prior...I assume they should amend to current for the ACP portion?

I'm back in the retirement plan field after many years of being out of it. Can anyone give me an idea of what materials or firms provide good participant education materials? I'm looking for both printed and possibly video delivery. In the past, there used to be a company called Newkirk where you could order customized materials from but they appear to be out of business. The firm I'm with has been preparing materials in house and they appear outdated and unprofessional. Any ideas would be greatly appreciated.

I was looking back in the volumes of CARES Act webinars and other material on discontinuing safe harbor match mid year and I think I know the answer to this one, but just want to double check that I did not miss something along the way. 

If a plan discontinues the safe harbor match mid year due to financial downturn, can they amend before the year to a safe harbor non-elective (as permitted under the SECURE Act).  The information that I have from when the CARES Act first came out was that this was not permitted, but again, there have been so many updates I just want to be sure this is still a "No".

Thanks very much.

Company went out of business, terminated its plan and all assets are liquidated.

Problem is, the 2019 3% SH was never deposited.

What do they do if the owner cannot afford the $32,000 3% Safe Harbor?

Am I thinking this one through correctly?

Company A is owned 45% Husband, 45% Wife, 10% adult child.

Company B is owned 100% by adult child.

If I attribute the mom's ownership to the adult child, then adult child owns more than 50%, so would then be attributed Dad's ownership, therefore being 100% owner of Company A?

Adult child now has 100% common ownership and 100% identical ownership so Company A and Company B are a controlled group?

Thanks very much.

So I have a plan that terminated and their final Form 5500-SF and Form 8955-SSA are due 6/30/20.  We are waiting for them to pay our final bill before filing.  Because of the automatic extension, if I filed it between 7/1 and 7/15/20, do I have to check any box on the form?  Or just send it in like normal?

Thanks for your help!

If an employer improperly provides an incentive to a Medicare-entitled employee to waive employer-based coverage or otherwise violates the Medicare Secondary Payer rules with respect to that employee and Medicare learns of this, is there any potential adverse consequences to the employee for such violation?

I am looking for TPA to partner with. I am a CPA and looking to grow the TPA side of my business. Please message me directly if interested.

Thanks

Hi

Having a bit of brain freeze.

Looking into adding a DB to an existing 401k plan.

Sponsor FYE is 6/30 however the 401k plan is a calendar plan. Definition of compensation is plan year. Not designed by me, takeover.

If a DB is designed the same way i.e. effective 1/1/2020 and plan year compensation will be used, can the deduction be taken for 6/30/2020 corporate year end? Of course, we will have to wait next year until the salaries are established. The design is important both plan are going to be tested together.

In the past I have always used the salary paid for the FYE within the PYE, never salary paid for the plan year in with FY ends.

What am I missing/not seeing here?

Thank you,

I know the subject of reinstatement of forfeitures on plan termination has been covered before, but I don't believe it was ever in the context of amounts that were forfeited under 1.411(a)-4(b)(6) for missing participants.  The PBGC seems to believe that a plan termination does not extinguish a participants right to claim a reinstatement of such forfeiture.  What about the IRS though?  Does the IRS expect all amounts previously forfeited for missing participants to be reinstated when a plan is terminated?  

Can the plan sponsor use the proceeds from the forfeiture account to pay the excise tax due on late ADP corrections?  I understand they will need to pay it directly and the potential get reimbursed from plan.

A participant received a 2020 RMD on March 1, 2020 (the individual is a terminated, non-5% owner who reached required beginning date many years ago). The CARES Act later waived the RMD for the 2020 year and the participant wishes to repay/roll this RMD back into the qualified plan from which it was distributed within 60 days (or by July 15th pursuant to IRS Notice 2020-23). However, the terms of the qualified plan document only permit incoming rollover by "employees." Since this individual is no longer an "employee," can the individual actually roll over such amount back into the plan as an indirect rollover?

Client completed paperwork to received lump sum distribution based on benefit estimate.  Long story short - by the time the paperwork was processed and check was issued, IRS issued new interest rates used to calculate lump sum.  Plan sponsor applied new interest rates, resulting in lower distribution than shown on benefit estimate.  When client received distribution check for lower amount, he began claims process to dispute benefit calculation (the appeal process is currently on-going).  He never cashed the distribution check, which is now stale.  Due to the passage of time, the applicable interest rates have again changed, but now in my client's favor.  If his benefit was calculated today he would receive more than the original estimate.  My question is this - what effect, if any, does the fact that he went through the process to request a distribution and received a check (but did not deposit it) have on his right to start over with the distribution process and request a new distribution based on the new interest rates?  

For Terminating plans I believe we can turn off the revenue credit getting posted into the plan, however will this require any plan amendment? 

Does anyone know of a phone number to call to see if a 5500-EZ was filed?