for Newport, an Ascensus Company (Remote)

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for Ascensus (Remote)

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for FuturePlan, by Ascensus (Remote)

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for Strategic Pension Services, LLC (Remote / Selkirk NY)

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for Gabriel, Roeder, Smith & Company (Fort Lauderdale FL)

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I mistakenly liquidated my 401k after I left my job but there should have been a QDRO on the account. We separated in November 2022 and finalized divorce December 2024. She was supposed to get half of what was in my retirement as of November 2022 which was at $34k at the time of separation. I switched jobs in August 2024 and liquidated the 401k from that job in January 2026. I did not realize at all that the retirement stuff had not been settled and she had not received her share. How can I make it right to ensure my ex spouse gets their share without handicapping myself? 

for Employee Benefits Security Administration [EBSA] (CA / FL / GA / KY / MA / MD / MO / NY / PA / TX / WA / Hybrid)

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for Centers for Medicare & Medicaid Services [CMS] (Seattle WA / Dallas TX / Atlanta GA / Philadelphia PA / Woodlawn MD / Hybrid)

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Which recordkeepers have implemented self-certifying hardship claims? Which have not?

What’s the deal with:

Ascensus?

ADP?

Paychex?

Empower?

Voya?

John Hancock?

Principal?

Fidelity?

Vanguard?

TIAA?

Others?

If there is a choice, does a recordkeeper suggest a default norm?

If so, is the default self-certifying, review by the recordkeeper, or review by the plan’s administrator.

Is anyone getting a "SSL Handshake Failed" error when trying to file a 5500 (any type) for the sponsor (ie you are filing for them and attaching a signed pfd copy)?

We use Datair/Calcair and for the past 2 days, I have not been able to file any 5500s.  I have had the same # with the DOL for almost 11 years and never had an issue until this week.  Apparently EFAST had some kind of update in April and this problem started to happen to Datair customers.

My question is it happening to anyone else who uses another software provider - ie FTW, Relius, etc?  The problem has been going on for at least 22 days.  I appreciate the feedback and wanted to reiterate that we aren't slamming 1 vendor, we are trying to learn if it is more an EFAST issue or something else.  Thank you!

for MAP Retirement (Remote)

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If a plan sponsor wants its plan to provide that a hardship is determined by relying on the claimant’s certification (to the extent I.R.C. § 401(k)(14) or § 403(b)(7)(D) permits):

Must or should that provision be stated in the plan documents?

Or is it enough that the plan’s administrator’s claims procedure, distinct from the plan documents, states the self-certification regime?

Also, even if a procedure would be enough, is there any disadvantage to putting the provision in the plan documents’ adoption agreement?

I welcome all BenefitsLink neighbors’ views.

Having a brain freeze for a change.

Checking a CB plan. No exclusions, all are included.

The 2 owners (50/50), are defined by name in their own groups i.e. group 1 - Joe Smith and group 2 - Moe Smith.

All others who are rank&file are in group 3.

Does each rate group need to pass ratio test or mid-point test is fine here?

How about if each group for the owners is written as:

Group 1: Shareholder of company - Joe smith

Group 2: Shareholder of company - Moe Smith

Thanks

A young plan participant wanted to take a loan from the plan.  Unfortunately, the plan does not allow loans.  He then asked if he could take a hardship dist.  Yesterday I spoke to my contact at the business who explained the situation.  This mid 30s guy was raised by his grandparents.  His grandfather has since passed and now it is just he and his grandmother.  Sadly, she has dementia (giving away her monthly SS check $, must be with someone 24/7).  This young participant is in the process of legally obtaining conservatorship but as it stands right now, she is not his dependent.   Does that matter?  There certainly is a paper trail of him caring for  her.  Anyone see an issue here allowing a hardship dist?

Thanks

Hello - I am wanting to know what I need to look at in terms of documents, rules, etc on this question.  A participant died with an outstanding loan.  Her husband is her bene and he also works for the same company.  He wants to repay the loan so it does not become taxable.  The recordkeeper is telling him he cannot repay it.  I am not sure what is the basis for the recordkeeper not allowing this.  Should the bene be able to repay the loan?  What would legally prevent him from doing so?  thanks!

I should know this - but, a plan participant in a 401k plan took a full distribution in February as she was a terminated participant then.  She is returning to work now and wants to return the funds to her NW account.  She was 100% vested.  Is this possible?  I am thinking no.  TYIA! 

Hi,

I hope all the sharp minds of this forums can assist with the following:

We rarely deal with this and with all else going on trying to make sure that not missing any steps, etc.

A DB Plan (with employees) did not make the MRC for 3 years and did not file the 5500 as well for these years.

1. Can they/should they first file the 5500 SFs with the DFVCP, even before they have made up the MRC( plus interest) for these 3 years. 

2. If they file the 5500, will this be a flag and alert about the missed MRC and therefore should not file the 5500s until they have the money to make up the MRC?

3. Should the 5330 be filed before the 5550?

4. If the 5500 can be filed first showing the missed MRC for each year, how much time do they then have to file the 5330?

5. How much time do they have, after filing the 5500 with the DFVCP, to make up the missed MRC for the 3 years?

Meaning can they first file all the 5500s (with the SB each year showing the delinquent contributions), to at least get the 5500s back on track, and then deal with making up the missed MRC and with filing the 5330?

Thank you very much as always!

 

for Insperity (Kingwood TX)

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for Prime Benefits (Remote / Baltimore MD)

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I am looking for a document-only provider that uses ASC prototypes. Please contact me at johnsimmonslaw@gmail.com if you are such a provider or know of one. Thank you