Has anyone encountered this or have any thoughts about how to handle? A participating employer in a multiemployer pension plan in critical status was briefly subject to the default schedule under the rehabilitation plan before withdrawing. Does the default schedule (which required a very high contribution rate) count when considering the "highest contribution rate at which the employer had an obligation to contribute under the plan" when calculating the amount of withdrawal liability under ERISA Section 4219? I can find no real guidance on this point, other than some secondary sources that indicate it is an open issue.

Any thoughts or ideas are greatly appreciated. Thanks!

How do Plan Administrators verify that former participants are still living? We recently discovered a death benefit was not paid timely because we did not know the former employee was deceased.

I am looking for recommendations on a crisis management firm as a replacement for a full blown EAP. We are looking for a company to keep on retainer in the event something occurs. I need a company with networks in most states as our employee population is spread out.

Thank you.

Thanks in advance for any comments/guidance...

I have a small non-profit employer (7 employees) that currently sponsors an unintegrated HRA which will be terminated prior to 12/31. Primarily because all 7 employees are covered under other primary health coverage (5 under spousal coverage, 1 under a union plan and 1 under a retiree plan), the employer has not previously provided and does not intend to provide primary health coverage going forward. The employer also does not desire to simply gross up wages (wants to ensure monies are used for benefits) but, rather, wants to continue providing a vehicle to reimburse mdecial expenses on a pre-tax basis. Based on my understanding, by not providing primary health coverage, the employer payment guidance (TR 2013-03) effectively precludes the employer from doing so inasmuch as a standalone health FSA, standalone HRA or any other standalone medical reimbursement arrangement will violate either the prohibition on annual limits or preventive services requirements...

Am I missing anythin the employer could use on and after 1/1/2014 to reimburse 213(d) expenses on a pre-tax basis without providing primary health coverage?

Again, grateful for any comments...

Form 5310 in completing question 15a(6) do I need to include participants that entered the plan but never deferred so never received a match. No other contribution sources.

Thanks.

What is used to determine the tax year for reporting a distribution - is it the distribution check date or the settlement date for the request? Trying to confirm what is correct for end of year distribution requests. For example, if a distribution is requested (on plan website) on December 30, 2013and the trades settle on December 31, 2013 and the check is issued and dated January 2, 2014, should the 1099-R be a 2013 form, or a 2014 form?

What is the key date - settlement or check? I know that constructive receipt is noted in ERISA Online, but references do not specifcally note for tax reporting purposes(for 1099-R reporting).

I am working on a plan that the sponsor would like to terminate within the next 1-2 years. It has a 7/1 plan year and has a 2 month look-back, so the 417(e) segment rates used for distributions through 6/30/2014 would be the May 2013 rates. The sponsor would like to file the PBGC 500 in February 2014, let the PBGC's 60-day review period pass, wait until June, when the May 2014 rates are published, and to decide then if they should quickly make payouts by 6/30/2014 or, the May 2014 rates are more favorable, try to delay the payout until 7/1/2014 or later. If, in June 2014, they see that the trend is for the rates to increase, they'd like to amend the look-back month to a 1 month look-back and try to delay the payouts until June 2015 (after the one-year grandfathering period) and make payouts based upon the June 2014 rates. Is there a problem with doing this? Specifically, can the plan amend the lock-back month after the PBGC 500 submission (and 5310 submission)?

Any thought would be appreciated!

plan has a safe harbor 401k using 3% NEC. ER fails to make a contribution for one of the HCEs in 2012 and 2011. I assume the plan has failed to make SH contributions for this HCE since the beginning of the plan.

I assume the fix would be to make the missing contributions plus interest. Thanks.

I have divorced and QDROS filed for two retirements, plans joined in divorce proceedings. I received notice of my amount of split retirement and start date of me receiving my portion directly beginning November 30.

I then received notification that a new system was implemented by the retirements and the developer and IT person could not enter my information so that I could receive my portion directly, some apparent glitch in the system. Now another month has gone by, I get another notification that this so-called glitch is not fixed, I will not receiving my portion directly either this month, for December, that the full retirement will once again go to the ex-spouse.

It is beyond my comprehension that a state agency can have a new so-called system in place that is not capable of dividing QDROs, and the "developer "and IT person cannot figure out how to enter my information into the system, and my portion continues to go to the ex-spouse.

Both plans were joined in the divorce and QDROs were filed and approved and signed off by the Court, and the plans acknowledged and wrote me a letter as to what my portion would be.

What can I do to demand the plan administers stop waiting for a so-called glitch fix and have them send my amount to me immediately? In the meantime, my ex is sending me only half of the NET amount and he is saying he is going claim that amount as spousal support on his taxes even though the court order waived spousal support for both of us, so I essentially may be having to pay taxes twice on this amount.

Any suggestions on getting plan administrator to abide by the court order immediately? Any help would be so appreciated.

For DB / CB plan 408b2 disclosures - do the mutual funds need to be listed in the 408b2 disclosure with net expense ratio, 12b-1, etc.? - we have been including the current funds in which the plan is invested in our 408b2's, but since these are not directed plans and thus there are no designated investment alternatives, i don't think we need to list the funds out... thanks!

Yet another example of why not to allow life insurance in qualified plans.

Former employee/participant left behind a life insurance policy and then had the nerve to die.

Since the policy was a special asset our platform recordkeeper wants nothing to do with it.

Proceeds about $200K and CSV about $40,000 so we think the death beneficiary pays tax (or rolls over) the $40K and gets the $160K as tax free life insurance.

Our questions are:

1. Do we issue one 1099-R for just the taxable amount or one 1099-R for the entire amount and just show the $40K as taxable or issue two 1099-Rs for the taxable and non-taxable portions?

2. What IRS codes on whatever 1099-Rs are required?

Thanks.

Have a plan that began in February of 2013. They are just a tad over 100 eligible participants. The IRS website says that "Pension plans with fewer than 100 participants at the beginning of the plan year are eligible for a wavier if they meet the conditions for an audit waiver under 29 CFR." Then right below that it also says "Under the 80 to 120 Participant Rule, if the number of participants covered under the plan as of the beginning of the plan year is between 80 and 120, and a small plan annual report was filed for the prior year, the plan administrator may elect to continue to file as a small plan." The plan did not file in the previous year so does that mean that an audit is required or do you still get a waiver because you have not crossed the 120 participant threshold? A little confusing any direction is greatly appreciated.

Thanks,

Hal

I heard in a seminar that the DOL is now concentrating efforts and rather than randomly targeting plans for audit, they are going after TPA firms they know have problems and auditing their clients.

My question is, what authority, if any, does the DOL have over TPA firms. Should they chose to target a particular TPA firm, how would they be able to find out who its clients are. Can they demand a client list?

Hi All.

I have been strictly DC admin for 15 years, and am now offering Cafeteria Plan administration. What have you all experienced in this regard? Am I crazy, or smart?!

Thanks!!

I have a situation where a 401k plan merged into a 401(a) plan in 2013. Before the 401k plan merged, it was a safe harbor, We suspended the safe harbor match, and then merged the plan 6/30. How do we run the ADP and ACP test - is compensation pro-rated? Can compensation be limited to period eligible? And what happens to 415 limit since the plan merged and a merger is a continuation?

Likewise, the 401a plan froze on 6/30 but is the survivor plan and is still alive but no more contributions after 6/30 - do we pro-rate the limits?

Thanks!

Anyone else seen a bunch of penalty letters for late 5500s with a 12/2/13 date? Got three last week. All were filed on time with extensions.

Joe is a 10% owner of a partnership. He gets paid $300,000 per year from the partnership (on a K-1). The partnership has non-highly-compensated employees. Joe wants to establish a pension plan for just himself. My initial response is NO.

Joe asks if it makes a difference if his $300,000 is paid to an LLC that he'll set up rather than to him directly. His hope is that this other entity, that has no employees, can establish a plan for just him. My response is still NO.

Joe asks, "What if I get paid $0 on my K-1 as a passive partner, and then the partnership pays me $300,000 on a 1099 for the actual work I do; can I set up a plan for just me with this 1099 income as an independent contractor?" "Or what if I get paid $0 on my K-1 as a passive partner, and then the partnership pays $300,000 to my newly established LLC for the actual work I do; can the LLC then establish a plan for just me?"

None of these pass the smell test to me, but after a while my head starts spinning. Is there some way to set this up so that Joe's plan doesn't have coverage issues?

Association sponsoring fully insured medical plan for its member companies is terminating the plan & each company will have its own plan starting 1/1/14. Association failed to file 12/31/11 and 12/31/12 5500.To what extent should they file under dfvc and could they risk penalty if not? They are balking at $4000 for a plan no longer existing. thoughts?

A calander year plan currently utilizes the safe harbor non elective plan where they contribute 3% to all eligible participants. They would like to amend the plan to a safe harbor match formula. What type of notification is sent to participants and is there a certain time of year they have to do this? (i.e. 30 days before beginning of next plan year, etc.)

Am I correct that IRS Notice 2013-54 basically prohibits continued sponsorship of a stand-alone medical reimbursement plan that is sponsored by a very small employer that does not offer any group medical coverage? In essence, the plan has simply provided for the reimbursement of qualified medical expenses up to a maximum of $2,000 per year. In essence, it is the equivalent of a health FSA that is funded solely by employer contributions and does not meet the preventive services mandates and obviously caps coverage for such items with the annual reimbursement amount, etc. Based on 2013-54, I'm not seeing any way that can be continued.