alexa

We are a governmental agency and have a defined benefit plan whereby employees are required to contribute a % of pay. We have a temporary employee who inadvertantly had the pension amount withheld from her paycheck for 2 tax years (2014 & 2015) She has terminated employment and is asking for a refund of those employee contributions. I mentioned to payroll that thye would have to refund the contributions withhled from her paycheck They said they could not due to being 2 tax years We do refund those who terminate non-vested their employee contributions plus 4% annualized interest. We do not have an account established for each employee. Our attorney is saying she cannot be refunded through the pension plan and get a Form 1099 distribution But Payroll Mgr isn't budging Any alternatives? thanks Lexy

I was referring to are 457b employee deferral amount subject to FICA tax? thanks

Does anyone have a current state by state taxation of 457(b) taxation I know Pennsylvania and I believe NJ tax employee elective 457(b) deferrals Also FICA taxation applies to fully vested employer matching contribtuions but do any state tax this as well Much thanks

Thanks I had thought Title I of ERISA for the most part did not apply to governmental plans. However, our plan document contains the language for suspension of benefits. WE suspended benefits for someone who was at NRA (in our plan age 55 & unreduced or age 62 , whichever is earlier) The indiivual in question was age 57 at initial retirement (had 30 years of service) We are wanting to rething this and make age 62 the age whereby benefits cannot be suspended I am assuming we can pretty much do anything reasonable here? thanks

Are governmental DB plans subject to this section of ERISA?

So if I understand correctly, there is a 30 day grace period of sorts( except for interest on late quarterly) and we have 60 days to notify participants if we are more than 30 days late? thanks!

That raises an interesting question that I actually asked one of the drafters of the age 26 regulations: That is, who has the "right" to enroll an under age 26 child? Is it the parent or is it the child him or herself? The regs don't say. The drafter said she would get back to me but, alas, no response. Iwould think the employee who is paying for the ptential extra cost if it's a group health plan covering the employee

That date was what I had thought as well ;i.e. date new coverage starts. I have requested proof of new coverage from her daughter's new employer

I have an ee whose adult dependent age 23 had gotten a new job on 3/22/2012. Yeah! Employee now wants to drop adult child dependent on date of new job;i.e. 3/22. Let's assume medical eligibility for dependent is later than date of hire e.g 4/1/2012 What type of documentation do we need for life event change? Is the life event date : 1) date of new job or 2)date when adult dependent <age 26 get s enrolled in new employer's plan? Thanks Lexy

What kind of "liability" is there for split of HIPAA repsonsibilties?

To match an employee's deferral- yes Please elaborate on the "contingent benefits prohibition- I'm nto quite familar with the details of that Why would contributing phantom stock be impossible. I've seen plans that have in-kind contributions Thx Lexy

Can there be more than 1 Privacy Officer for an employer's health plan?

We are looking to do this for all employees. I was just reading an article from Bloomberg that SAP is offering phantom stock to its employees

Has anyone used phantom stock as an employer matching contribution? If so, any restrictions. Advantages? Disadvantages Thanks Alexa

I do believe plan since it is an employer funded arrangement and therefore subject to ERISA I guess in my mind , the question is what nondiscrimination test would apply?!

No we lost grandfather status this year:)

Can a long term care plan just cover employees who are grade 18 or above ? Is it clear that an LTC plan is indeed an ERISA plan?

An employee of ours is covering his age 24 daughter. She just got a job and wants to enroll in her new employer's plan. Our employee wants to also to continue to cover her under our plan since there is no extar cost to him to do so. If she enrolls in her new employer's plan, must we continue to cover her?

No problem obviously I am seeing that and my attorney recommended what he thinks is the saftest route and I am very happy to go that route frankly.

I do not appreciate your tone. Chaz made a comment on irrevocability and I wanted to understand it given my specific situation, that's all. I thought that was these message boards were all about. Folks sharing theri experiences so it can benefit others Of course, I am going to follow my attorney'ss advice.

I respectfully believe that this is not the safest approach. There is a risk that the IRS will deem this to be a violation of the irrevocability rule. I think the better approach would be to collect the missed contributions from the participant. Chaz, Can you offer more detail on my situation where this may be violated. We haven't allowed the employee to make any changes; we will start dedcuting the $175/pay going forward and keep his orignal election of health FSA of $4200 intact. Alexa

I am an HR Corporate Benefits Manager and if I have an email in writing from my ERISA attorney saying safest course is to let this backbilling go , I'm a happy camper:)

Yes, I am familiar with this. So if an insurance company forgets to bill you for say 2 months, do you still owe them the premium? I'm guessing that we could have also asked the employee to make-up the 2 months of missed "premium" as well over an agreeable reasonable period to both parties?

This is a health FSA not a medical premium

Touched base with our ERISA attorney. He said that the safest approach is to start the $175/pay deduction and not do a make-up. He also said that the employee would be allowed reimbursment for the entire $4,200 He equated it to a missed 401k cntirbution whereby employer puts in half plus match plus interest:)