BG5150

Payroll-based SHM is not deposited by the end of the quarter after the deferrals were taken. What are the consequences?

The business is a fast-food restaurant, so I'm hoping they can create something. Another thought was to exclude anyone hired between say August 3 and August 5 2015 (where his hire date is 8/4/15). Name is a last resort. I don't want his name in the SPD. (Who really looks at that, though?)

As an ERPA, do you put a Circular 230 blurb at the bottom of your correspondence? Just e-mails? I can't remember ever getting any paper correspondence with that disclaimer on it (nor can I remember I got any paper correspondence from an ERPA).

I believe we are going to exclude him starting in 2020. Maybe by name or job classification. Could I maybe exclude participants whose "participation in this Plan may jeopardize Medicaid benefits under state law"?

How does group 2 satisfy coverage. 2/2 HCE = 100% 6/10 NHCE = 60% Remember, the 4 NHCEs are not benefitting under group 2.

I checked the plan document and the answer is indeed in there (it was in the BPD). I also found it in the EOB. The plan administrator can choose to either start them from the beginning of the process or not. If the "not" decision, what does that mean? If the rates go 3, 4, 5, 6, 7, 8%, what happens if someone leaves at the 4% rate and they come back 3 years later? Do they enter at the old 4% or at 7%, the rate that would have been in effect had they stayed? And if restarting the process, who does it affect? Only those under the ACA or even those who had an election before they left? Here is the language for the QACA (similar language for EACA):

A participant was covered under an EACA. He was int he plan a few years and his auto-deferral went from 3 to 4 to 5%. Then he left. When he comes back, I know he is automatically eligible for the plan and enters immediately. But at what rate? The initial 3%? Or his former 5%

The main thrust of this is to get those assets under the management of the new provider. Is there a way to terminate the plan and have this assets transferred to the new plan given that it is a plan of the same employer? Or, does everyone have the right to a distribution and move the funds wherever they want?

So, Bob, any feasible way around this? Just stop contributing to that product and open up accounts somewhere else and start using those?

1099-R code?

We have a 403(b) plan that wants to move record keepers. However, the assets are in some sort of investment that cannot be transferred over without the signed consent of all account holders ("Individual Custodial Trust Account" was the term used, I believe). So, they are thinking of "freezing" the plan and starting a new one with the new r/k. Does this pose a no-deferrals-for-a-year successor plan problem? If not, will they have one if they terminate the first plan at a later date?

This might be an option.

I'm filling out a pre-QDRO questionnaire. One of the questions asks if there are any survivorship benefits, and if any elections were made? Does this mean did he fill out a beneficiary form? I ask, because later, in a separate section, it asked who the beneficiaries are. Plain ol' 401k/PSP.

Hardship really isn't gonna cut it. There's no way enough 401(k) + SH + gains is going to make up for the loss of the Medicaid benefits. I will look into excluding him via a class exclusion. The other thought was to pay him on a 1099 but that is a whole host of other issues, so I doubt I'll even bring that up.

Someone in one of our plans receives Medicaid payments as he has Down Syndrome. We were informed her benefits would be ceased if his retirement account balance exceeds $2,000. He was auto-enrolled and had a few deferrals, but it's only amounted to about 200 bucks. The deferrals have been stopped, but the plan is a 3% safe harbor plan. This year, it won't probably push him over $2k, but next year probably will. Is there a way to have him excluded from any Employer contribution so he doesn't lose his Medicaid benefit?

I have a question about these "make-whole" contributions. What happens when the participant takes their entire account, say $10,000 early and in service, and doesn't pay it back. The ER is supposed to put $10,000 back into her account? What happens when she leaves? Does she get another 10 grand? What about distribution fees? Those ,too?

Wow! Good thing they now have a new TPA. For poops and giggles, I'd have the client go back to the prior TPA and ask them what the penalty is (and for maybe a cite). Have them say the new TPA doesn't know what they are doing and they want some clarification.

I think that there is no ADP test failure if no one worked more than 1,000 hours ever. They are tested separately. Or, the amount needed to pass the ADP test is zero, because no HCE was part of that excludable group except maybe the first year. Any way to try to convince the service that the intention all along was to have a YOS requirement?

If the other company did not adopt the plan, then why do you think they should have been given the opportunity to defer?

The auditor is coming back and saying that people cannot simultaneously be eligible and not eligible at the same time. They believe since the people are being paid with a pay code of Division C, and Division C's pay is not excluded in definition of compensation, then it should be included for PS.

Do you have an intern? have them do it! PS: I do NOT have an intern.

I think I found it. Under Plan Compensation instead of Total Compensation. Now to just convinced the auditors...CPAs, not IRS.

Plan excludes employees who are part of Division C. Employees of Divisions A & B are included. Compensation for each division is tracked separately, though everything is on one W2. Plans definition of comp is W2, no exclusions. Several people do work for A or B as well as C. Some do work for all three. For profit sharing purposes, can/should we exclude the income from C? Example: He entered the plan in, say 2014, as an employee for Division A. Jim makes $60,000 for 2018. However, $20,000 was for work he did as an employee for Division C. What is his compensation for PS purposes? $60,000 or $40,000?

On what system are you running the tests?

Profit Sharing does not affect the Safe Harbor status of the plan. However, making a PS will remove the Top Heavy exemption due to SH.