QDROphile

The DOL foolishness is trying to maintain the lie that requirements of the tax regulations do not force all such plans into ERISA.

It is not the best they could do and it is inadequate for compliance.

Part 5 appies, which includes pre-emption and claims provisions.

Revenue Procedure 2013-12.

The plan should specify how hours are to be computed. If this is the first employee of this type, the plan may have to be amended to provide the answer. One of the hour equivalency methods should work; other approaches may be possible. Expect the method to be more generous than somone's notion of actual hours.

The proposition does not sound to me like a complince amendment under -11(g). It appears to be an elective amendment to expend contributions beyond what the plan provides. It is too late for a contribution for 2014.

I have always operated under the limitation that a discretionary expansion of plan terms for contributions must be done by amendment not later than the end of the year to be effective for the year.

Are you asking about a qualified plan?

The plan would only restrict distribution of 401(k) benefits if (i) the plan had recieved a domestic relations order that applied to the 401(k) plan benefits, or (ii) the plan were so ill-advised that it set another standard for restriction in the plan's written QDRO procedures and the circumstances fit the standard.

Some trust institutions insist on at least nominal assets to be held in the trust before they consider the trust to be effective, but for tax purposes, having the documents properly adopted and executed by the end of the year should satisfy the IRS that the plan is effective for the year and post-year-end funding will relate to the year.

ERISA is all about the plan terms. You cannot even begin to deal with operational issues with first identifying all the relevant plan terms. You can't do that without all relevant plan documents.

Read the document more closely. Absent a specific provison for periodic matches, the terms relating to match usually refer to the plan year. It will not necessarily say that the match is based on the year in the same way that it would say the match is based on a payroll period -- the year is the presumptive measure. In any event, the plan administrator or other fiduciary should have authority to interpret the document and determine the relevant measure. You have a separate problem with "that's just when they began matching" and the problem is worse if the period for the match is not the year. What stopped the match and what was provied for stating the match again? for example, if the plan was simply amended to stop the match, no one gets a match for 2014. Maybe you have the abomination of a discretionary match. Good luck with that.

Have you considered the applicability of the blackout notice rules?

The whole idea sucks and any suggestion of a ROBS arrangement to facilitate a transaction (as opposed to pure ownership) also sucks. At best, ROBS transactions are sensitive and complicated, and when they are entered into the facilitate an abuse they are dangerous.

If the plan is written with a single vendor in mind, it may preclude multiple vendors and the provisions would need to be changed. the plan has to operate in accordance with its written terms As noted in the previous post, use of multiple vendors requires documented coordination provisions. Things that must be documented under the regulation standards are best viewed as plan documents. You may need to broaden your view about what constitutes the plan document. The plan document does not necessarily have just a single staple. The collection of documents should show a relationship to the plan.

The IRS has said informally that principles under EPCRS are apt for 457(b) plans (at least for government plans in certain circumstnaces), but there is no correction formality or assurance that corrections will provide relief. If I were dealing with a top-hat 457(b) plan, I would not follow the EPCRS guidance.

Why is it not taxable with respect to the date of credit of the converted amount to the Roth account? The timing of the credit date is determined by the plan's administrative practices the same as the distribution date of real distributions is determined by the administrative practices of the plan.

1. Such a transaction would not be a deferral. A deferral applies to compensation not yet received. 2. If 1 did not apply, without an exemption the transaction would be a prohibited transaction. An individual exemption would probably be prohibitive.

No one HAS to take the money. It is a good idea to check with a prospective provider if they will make IRAs available for mandatory distributions if the participant does not participate in setting up the IRA.

Also, if the participant had already taken a full distribution of benefits and then the corrective contribution occurred, no tail distribution would be required if the amount is under the minimum. That would effectively mean no contribution for the individual, but what needs to be done about that amount depends on circumstances. Under one VCP filing, the amount was treated as a forfeiture.

Any concern that the amendment itself (which subject to 401(a)(4)) could be discriminatory because it benefits only the HCEs? That gets us back to the old questions about neutral terms of an amendment the effectively benefits only HCEs when adopted but could be nondiscriminatory over time.

I got the IRS to approve age 40 for an ESOP (stock bonus plan, not PSP, but subject to same rules) in a determination letter filing. ESOPs have another layer of distribution rules that may have influenced the reviewer.

The IRS pays bounties on tax evaders. Is there an obligation not to report?

Is the plan being operated in accordance with its terms? What did the ocean say to the shore? Nothing. It just waved.

Does it help to know that a Roth account is treated as a separate contract under section 72? T.D. 9324.