Section 2203 of the CARES Act seems clear to me that 401(a)(9) does not apply to RMDs paid in 2020 or for 2020 - they are "waived", which I would interpret as meaning that they are not to be taken (I'm not a lawyer, though, and I don't claim to understand Congress).  But I'm seeing some recordkeepers including it in the list of optional provisions that plan sponsors can choose to elect.  Are they being overgenerous, or am I mis-reading?

My concern is that we've got most plans written such that terminated participants can't take partial distributions (though I suppose coronavirus-related distributions would get around that), so if there is no legitimate RMD for 2020 per regulations, then can the plan really elect to let a 2020 RMD happen?  This also applies for those few plans without an in-service withdrawal provision where the 5% owners would be affected, but we can amend to fix that if we had to.

Thanks, and stay safe.

Does anyone know of a sample good faith CARES amendment?

It sure would be much easier if we could document something. Then the plan sponsor could choose the language that would apply to the CARES provisions they wish to offer. 

So I have been playing with amortization schedules to try and figure out what it would look like taking into account the suspension.  After playing with it a little bit it became clear (to me anyway) that essentially what you would do is:

1) Accumulate interest until the 1/1/2021.

2) Figure out the payment to pay it off to zero by the end of the 6 year term. If the participant, pre-suspension, had a larger payment then just start that larger payment.  If its a new loan and they want to pick a higher dollar amount then let them.

I know the statute talks about suspending the payments and resuming them after a 1 year delay and then amortizing, etc.  I tried to play around with all of it and the differential in the payments each way I tried it was minimal.  Payments are essentially only being delayed for 9 months, but we get an extra year to pay it off.

I attahed my amortization schedule.  If someone has a different take on how this works let me know. 

Am Sched.pdf

Is the following possible?

401(k) plan allows for safe harbor hardship reasons, all sources, includes deferral earnings.

Business owner in the state of California has a reduction in business due to coronavirus related restrictions. 

Needs funds to keep the business going short-term and also owes bills on the building of his primary residence currently under construction.

Has $300,000 in 401(k) plan account, split between deferrals, and safe harbor contributions.

Is it possible for the business owner to take a covid19 related loan of $100,000, a covid19 related distribution of $100,000, and the remaining $100,000 in a regular hardship as the result of being in a FEMA declared disaster area?

Thank you.

Am I correct in assuming if a Plan uses the "W2" definition of compensation that the compensation earned as COVID-19 Sick or Leave Pay would be considered as compensation for plan purposes?

Thanks.

1) If an employee already has an outstanding loan, can they get another loan during this crisis?

               Our current plan documents only allow 1 loan, do we need to do an amendment?

2) If this same employee takes out a loan, can they stop their loan paycheck deductions on one or both loans for loans for 1 year as per the new CARES ACT?

3) If an employee wants a hardship withdrawal to cover expenses incurred as a result of this corona virus, what back up documentation do we need from them to prove this?  

4)Is an employee eligible for a hardship withdrawal (to cover expenses incurred as a result of this corona virus) if they are still working full time hours at the same rate of pay?

5) Can an employee request a covid hardship based on a spouse being terminated/laid off and it impacts the monthly income for the household? 

Facts:

Company A - LLC taxed as a partnership (SE income).  Bob owns 8%; Corp B owns 75%; remaining % owned by 2 others.  Bob owns 100% of Corp B

Question:

Plan defines compensation as W-2 (not 415).  Lets assume that there is a loss on his Schedule K-1 of ($10,000).  Bob receives a w-2 from his Corp B of $40,000.  For non-discrimination testing, I only need to consider's Bob's compensation of$40,000. I don't need to net the loss with his W-2.  Correct?

Would a person who was required to take a 2019 MRD by April 1, 2020 (today) still have to take the distribution today? Can't see if the CARES act affects this.

Does anyone have thoughts on whether distributions that would otherwise be required before December 31, 2020, could qualify as coronavirus-related distributions?

For example, a plan has a mandatory distribution for terminated participants who reach normal retirement age. If the participant reaches NRA next week, can they certify they have been impacted and receive the first $100,000 as a coronavirus-related distribution? 

Or existing ESOP installment payouts? Say a participant was scheduled for an installment payment to be made this summer. If they certify they have been affected, is the first $100,000 treated as such?

Assume each plan is willing to accommodate by operating and subsequently amending the plan in accordance with the new provisions. 

One of my plans limits the number of loans to 3.  Does the CARES Act override that or can the Plan continue to limit the number of loans under the law?

Here's some reporting on what American Retirement Association said.

https://www.pionline.com/defined-contribution/small-dc-plans-risk-termination-amid-coronavirus-outbreak-ara

Can the new $100,000 distribution be taken from employer contributions to a custodial account?  403(b)(7)(A)(ii) prohibits hardships from the employer contributions.

The CARES Act statutory language says a distribution satisfies 403(b)(7)(A)(i).  But doesn't reference (ii).  

Probably a drafting error, but just want to be sure.  

We have a client with a SIMPLE IRA that wants to suspend their match.  CARES Act addresses 401(k) but I can't find if SIMPLE IRA is included to allow mid-year suspension.

Plan states loans are due an payable at termination of employment

Participants can not continue to make loan payments after they terminated

The cure period for one term participant ends 3/31/2020 and  6/30/2020 for another participant

The CARES Act states if the due date occurs during  the period beginning on the date of the Act and ending on 12/31 the due date shall be delayed for one year.

Questions-

1. Are these participants eligible for the 1 year delay?

2. Does this mean their cure period is 1 year from the 3/31 or 6/30 date?

3. How does the plan document and requirement that loan payments by terminated participants are not accepted impacted by the  CARES Act.  Lay-offs, furloughed participants can they continue to make loan payments, or will the document need to be amended to allow for these payments.

It seems to be generally accepted that the CARES Act provision for coronavirus-related distributions from company plans is optional -- not mandatory. What about distributions from IRAs?  After all, the section 2202(c) amendment requirement applies to "annuity contracts and plans."

Also, what about the RMD waiver? The same amendment requirement in section 2202(c) is also in section 2203(c)/

If a plan does not ALREADY allow for loans, or hardship/in-service for that matter, must the plan amend to allow loans by 12/31/2020, and then subsequently (or concurrently) add the Coronavirus provisions, or can the entire loan provision have the extend deadline of 12/31/2022?

Facts: Clients company is acquired via stock sale, but TPA wasn't made aware until two months later. Therefore, there were no actions taken to terminate the plan.

Question: Since they can't really terminate the plan retroactively, what can be done at this point?

Does anybody know if the 30 day waiver form will be required to be signed by a participant for obtaining a Coronavirus related distribution? I am thinking no since the Section 402(f) notice does not apply? Any thoughts?

A participant has been repaying their plan loan as slowly as possible, i.e., relying on the IRS cure period for every payment - for example, any repayments due during the first quarter of 2020 wouldn't be paid until the end of June.  With the passage of the CARES Act, could the repayments due during the first quarter (or at least prior to March 27, 2020) now be postponed for 1 year, or do you think the Act allows only postponement of repayments originally due after March 27th, without the application of the cure period?  

I realized a nice surprise has fallen into my lap this week.  (Sarcasm implied)

A control group of 3 employers had 2 plans.  Employer wanted to consolidate the 2 plans into 1.  The 2 employer plan has a plan year end of 3/31/2020.  The employer merging in has a plan year end of 12/31.  The money from merging in plan was moved at beginning of Jan 2020.  I just noticed the nuance to this and started asking questions....   I don't do the takeover stuff.

Does the plan merging in need a short plan year to match up to the same plan year end?   Seems like a "yes" to me.

Any guidance would be appreciated.

Thanks