Under the prohibited transaction rules, an employer can make an in-kind contribution of real property to a DB plan if (among other things) the real property constitutes "Qualifying Employer Real Property."  I have a few questions regarding what constitutes QERP.

1. One requirement for property to be QERP is that it must be suitable for more than one use.  This is a "facts and circumstances" determination, but I haven't seen any real guidance as to what this means.  Does anyone have anything on that?
2. I have read through all the PTEs I can find, but I can't find a case of an employer donating foreign property to a DB plan.  Is there any reason foreign property shouldn't constitute QERP?

Thanks in advance for any help!

Plan compensation is W-2 plus deferrals and excludes fringe.

The Employer decided to do a profit sharing for 2016 and calculated the profit sharing on the gross compensation.  Out of 300 employees, only maybe 60 "could" be affected as they had some other pretax items come from their pay.  I would say most of the employees still received the correct profit sharing because the w-2 pay plus deferrals was the gross compensation.  If anything the 60 get a little more than they should have.(Got* not get.) edited

Auditor is bringing this scenario up as a topic of interest.

The employer is looking to me to help ease the audit question.

I don't find this to be that objectionable.  Should I?

Let me know your thoughts on this.

A participant dies at age 37.  He had no 401(k) Plan beneficiary form on file.  He has about $6,000 in his account.  In the absence of a beneficiary designation, the plan document states that the death benefit shall be payable to the Participant's spouse or, if there is no spouse, to the Participant's children in equal shares or, if there are no children to the Participant's estate.

The participant had no spouse and no children.  His parents also predeceased him.  There is a great aunt who has indicated that no one will be establishing an estate and no one will be claiming the retirement funds.  She had been advised that, as great aunt, she would not be entitled to the money.  Instead, it would go to the deceased participant's first cousins (of which there are 14), who either have no knowledge or no intention of creating an estate.

What should be done with the money if there is no estate or other beneficiary? 

I elected to have 6% of my earnings withheld to my 401k, however, my employer has been making that 6% deduction twice each pay period for the past 8 months. It was just discovered when I raised my election to 20%. Now my employer tells me they have deactivated my 401k withholding and I will not be able to contribute until  6% of each of my upcoming pays equals the amount that they over withheld. I have no issue with the amount they over withheld staying in my 401k as is and just moving forward with my new election percentage, however, they say it is not possible. Is it acceptable for this employer to keep me from putting money into my 401k because of a mistake they made? I am over 50 years old.

If an employer's arrangement to reimburse an eligible employee's payment of a premium for an individual health insurance contract follows all the rules and conditions for a qualified small employer health reimbursement arrangement ["QSEHRA"] described in Internal Revenue Code section 9831(d), the arrangement is not a group health plan for ERISA section 607(1) or 733(a)(1).

But do other ERISA issues remain?

Does the employer's reimbursement of its employee's premium paid for individual health insurance make the arrangement a welfare plan defined in ERISA section 3?

Must a QSEHRA be stated by a written plan?

Must a QSEHRA's administrator furnish a summary plan description?

Must a QSEHRA's administrator adopt and follow a claims procedure?

What further issues should we think about?

Have a great day.

The CPA of the client asks me for my insight, which I have little of, in this case.  The business owners have been wanting to terminate their DB Plan for some time.  They say if they make a one-time contribution of about $20 million, the DB will be fully funded and then can be terminated.  The business owners ask, what is the tax deductibility of the $20 million contribution?  For example: in the current year?

Thank you,

Ray

I have been asked to review a DRO, and have found a number of issues.  While I have done this hundreds of times, this one is a problem.

The first issue is the amount is defined as a flat dollar value without adjustment for interest.  While this is fine, they fail to even define when the payment needs to be made!  Basically, whenever the Plan Adminisitrator feels making payment is appropriate.  Not disqualifying, but clearly sloppy drafting.  

Second problem is the the DRO makes the form of payment election for the beneficiary.  The Plan does state that with a QDRO the Alternate Payee is to be provided with all elections that would be available to the participant.  In addition, going by the DRO there would be no 402(f) Notice to the recipient.  I believe these 2 conditions would be a violation, making the DRO not qualified.

The language of the DRO states that if the Plan Administrator determines the Order is not qualified then the parties will cooperate with making those changes for the DRO to be qualified as defined by the Administrator.

With that finally point in mind, I called the attorney who drew up the DRO and had it submitted to the court for signature.  She proved to be the attorney that one article on QDROs identified.  Totally adversarial, and disrespect of all points made because I am only an ERPA.  Perhaps she is right, but I do have 32 years experience and her paralegal told me they have very little.  In fact, they wanted me to draw up the QDRO for them initially.  I said no as my job is to review, not create the QDRO.  Of course, my declining the honor of writing the QDRO for them is deemed as a reason that I have no right to bring up problems.

I feel I am stuck since I do not believe the DRO is qualified.  If I am in error on that, please correct me. Assuming I am right, what should the next step be since the attorney clearly has no intention of working to resolve these issues.  Any and all advice is greatly appreciated.

Currently using TSM which will no longer be supported after this year.  (using FtWm for documents/5500)

Considering Schwab SRT and ASC.  Thoughts on the two? anyone who has used both?  Recommendations for other software? Thanks!

We have been asked to respond to an auditor's inquiry.  We are not aware of any litigation regarding this company.  However, there is a union grievance related to changes they made to the retirement plan.  Has anyone considered the issue of whether a union grievance constitutes a "claim"?

I'm being told:

a) If they allow in-service distributions at age 65 then everything is taxable when someone turns age 65 due to constructive receipt rules;

b) If the Plan says you can take your distribution when you become an inactive volunteer, then everyone is taxable when they become inactive for the same reason.

Is this right?  I'm having a hard time finding a good article on the mechanics of how these things work.  Frankly it seems totally unworkable and I'm just curious if I'm missing something...

We have a client that changed a full time employee to part time.  The employer actually prepared and the employee signed a document that reads "Severance Agreement and General Release".  This document states that the employee and the company separated on Marcy 31, 2017.  There is another letter that is an "offer" for the part time employment effective as of 4/3/2017.  As part of the Severance Agreement the Employer agreed to make monthly payments of XX amount for a period of one year and this amount would be paid in 26 installments on the normal payroll schedule.  I know that if this was pure severance, it would not be plan comp.  I am hung up, however, on the concept of "severance".  Did this employee actually sever employment?  Just because a document was prepared and signed does not create severance (form over substance)?  If we decide there isn't severance, would this NOT be Plan comp for some other reason that I am missing?

Thanks 

I am having trouble finding an actual regulation or part of the DOL/IRC that references exactly how often ERISA expense account excesses should be allocated to participants. Can anyone help me with this? Is there an actual law/regulation, or is it just a good practice? Everything I have found is related to forfeitures, but does not reference ERISA accounts.

Participant is on worker's comp and has not worked since November 2016.  Participant is now working at a non-profit, while being on worker's comp.  The sponsor indicated that the hours are being reported to them to pay the participant.  Are these wages eligible for deferrals?  Thanks.

I have been asked by a prospective client how the $5,000 force out limit applies to a terminated participant who will receive an additional allocation that will bring the balance over $5,000. For example, assume the participant terminates employment July 9 with a balance of $4,750. But the plan makes a profit sharing contribution after the end of the plan year. The participant will receive an additional $600 at that point, which would bring the account balance to $5,350 (assuming no change in the investment balances).

Knowing that many record keepers automate this process and would process the distribution before the end of the year with no way to anticipate a contribution receivable, I'm curious what the potential liability to the plan sponsor might be, if any. Does the answer change if the termination or distribution occurs after the end of the plan year? Or if it is a required contribution, such as a safe harbor other fixed contribution?

We have a question regarding the IRS policy on accepting certain kinds of corrections (not ones discussed in its common plan defects), and would like to speak to someone at the IRS about it.  However, the IRS doesn't appear to publicize any information about which staff members are involved with the EPCRS program.  Has anyone had any experience in finding an actual human to speak to?

Quick (we hope) and unscientific survey:

If a plan's sponsor were to read all of its plan document, how many pages would that be?

In the prototype or volume-submitter set you regularly use, counting the adoption agreement, base document, and all appendixes and supplements that state provisions of the plan, how many pages (in total) is it?

Hello,

I am new here and I am not sure how much I am suppose to share - but I am looking for some advice so here she goes. I am recently divorced looking at 50 soon and need to rebuild my 401k post the divorce.  I have 250K left, so a long way to go.  I currently contribute $18,000 pre tax and my company matches 6% or $10,800.  Additionally my company contributes a varying amount annually to make up for freezing of my pension - this last year the contribution was $10,000.   My frozen pension has a meager $60,000 balance and seems to be growing at 4%. 

In December I turn 49 and I believe I am eligible for catch-up payments starting in January, is this correct?  I will make the full $6,000 once permitted.

I am about to purchase a new house (renting a small apartment currently) .  I'll owe 325K on the mortgage and plan to pay that off in 5 years (certainly in 6).  to accomplish this I will not touch my 401K contributions as defined above.  Once the house is paid off I will be 55(ish) and can then maximize my 401K combined contributions - I think I read that's $54,000 + the pretax catch-up of $6,000 making it $60,000.  Is that accurate?  is that all me or does it include employer match? if not than my total contribution could be $70,800 ?  also, what about the additional amount being funded by my employer due to the old pension - does that have interplay?  

Given what I have explained here - what realistically might I be able to grow my retirement fund to at 60, 64 and 67.  I'd love to retire at 60, would accept 64 and if need be and health holding out 67.  My final question, with the projected retirement fund - what could it pay without touching principal? and how much would it pay if I planned to pull 40 years from it and net to zero?

lots of questions, I know.  I hope I am posting this in the proper section - any assistance would be greatly appreciated !   

I work for a payroll company One of the sales reps sold the "wrong" kind of 401k plan to a client  in 2016. This client has large turnover, etc. Plan was set up with no eligibility requirements. It ended up being top heavy for 2016 and 2017. TH contribution was about 100K for 2016.Plan did not pass adp testing either. I was just asked to re-do the documents and set up the plan as a safe harbor with the original effective date. I was just told tp pretend that it was always set  up like that. I don't feel comfortable doing it.  After all, it's a year and a half later!

Any suggestions?

Husband and wife are both in a plan.  Husband dies.  Can spouse roll to her account in the plan or does it have to be to an IRA?

Thank you