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Everything posted by Calavera
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I don't think you can exclude the unused vacation pay unless you actually amend the definition of compensation. Additionally note that unused vacation pay paid no later than 2 1/2 months after the termination of employment was subjest of Post-EGTRRA "Good Faith" Amendment somewhere in 2009. At that time election could have been maid to include or exclude it for 415 compensation purposes. Not sure if this helps in any way.
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So under separate interest DRO participant started receiving his benefits, and AP allowed to defer. I don't see any issues here. The issue would be: how to calculate AP benefits? 1. What is the latest participant's age AP can defer (NRD or RBD)? 2. How does DRO describe the timing of the split (at NRD or at participant's commencement)? 3. Is AP entitled for ER subsidy? 4. If AP is entitled to a subsidy, do you calculate AP's benefit at participant's commencement and actuarially increase it to AP's commencement? Or do you simply calculate AP's benefits at her commencement applying the same level of subsidy that participant would get at that time?
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First Unread Message
Calavera replied to Bill Presson's topic in Using the Message Boards (a.k.a. Forums)
I don't have an answer. However, when I have any unexplained browsing issues, clearing cash, deleting temporary Internet files, and rebooting PC sometimes helps. -
Cash Balance vs Defined Benefit
Calavera replied to MGOAdmin's topic in Defined Benefit Plans, Including Cash Balance
It is easier to reach an agreement between owners on the level of contributions, and/or tax deductions under a cash balance defined benefit plan,than under a standard defined benefit plan. -
I am ignoring the legality of $100k-in / $100k-out scheme, and only discussing the AFTAP. I am not sure if there are any AFTAP issues from the 436 benefit restrictions perspective. AFTAP for EOY val is (MVA + Contribution)/(TL + NC). So you have MVA=$0, Contribution =$100k, TL=$0 (assumed) and NC for the minimum funding purposes probably below $100K (since $100K satisfies the minimum contribution with interest). This will give you AFTAP over 100%.
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Look at the bright side. Sole proprietor hire his spouse, and both of them in the DB/DC plans covered by PBGC with the full DC contribution up to 25% of net income.
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IR Notice 2015-53 (2016 Mortality Tables)
Calavera replied to mwyatt's topic in Defined Benefit Plans, Including Cash Balance
This is easy. Any modifications of the fully generational RP14/MP14 require (per auditors) you to prove that this is the best of the best. Somehow the fully generational RP14/MP14 is the best of the best without any proof needed. -
IR Notice 2015-53 (2016 Mortality Tables)
Calavera replied to mwyatt's topic in Defined Benefit Plans, Including Cash Balance
We had several auditors requested using the RP 2014 mortality for 1/1/2014 liability measurement based on the following: http://www.aicpa.org/InterestAreas/FRC/DownloadableDocuments/TQA_Sections/TQA_Section_3700_01.pdf Reason: by the time the information is presented (i.e. time of the Form 5500 filing), the new mortality should be used for the accounting purposes. -
Annual Funding Notice under HATFA
Calavera replied to dmb's topic in Defined Benefit Plans, Including Cash Balance
Rates also could be found at http://www.datair.com/rates.htm Just in case anybody still wondering about AFN and HATFA http://www.dol.gov/ebsa/pdf/fab2015-1.pdf -
What is the business structure, partnership or corporation? If partnership, it is a one-person plan. If corporation, it is not a one-person plan.
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I suggest to postpone your profit sharing contribution until next year. I have seen too many clients where the expected earnings of $X become 50% of $X by the end of the year, and could not support a contribution that was already made.
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Interaction of self-employment income and real estate investments
Calavera replied to UM1234's topic in 401(k) Plans
Start a defined benefit plan with a solo 401k plan, and DO NOT invest in real estate. -
1. I am not sure if it is allowed to forfeit any benefits under a DB plan 2. What plan document says about commencement? Has to commence at NRD Has to commence at NRD but may defer, however not past RBD Commence at later of NRD or actual request for benefit etc. 3. If your understanding (AE to the current date) is coming up from reading 401(a)(9)©(iii), I think this section is applicable only for the retirement from active employment. 4. Assuming all of them terminated before 70 1/2, and commencement is not allowed later then RBD date, I would actuarially increase it to RBD, and then pay them missing payments from RBD with reasonable interest. As it was mentioned above, there is no clear guidance on this issue.
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- RMD
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I am not aware of any exemption from the applicability of this rule just because plan is covering only HCEs.
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A plan violation would exist unless a plan sponsor gave a suspension of benefit notice to a plan participant (assuming the suspension of benefit notice language is in the plan document). I am not sure if you can amend plan now for RASD and implement option b) from your original post. You need to consult ERISA attorney. This is a perfect example of a bad consulting that may result in a lawsuit against TPA
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Actuaries don't but very good actuaries do.
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http://benefitslink.com/boards/index.php?/topic/55122-allocation-of-contribution/?hl=allocation
