Nassau

An under saver sweep is when the client automatically enrolls participants that are below a certain percentage of contributing to the plan.

If a QACA plan provides for permissible withdrawals. If the plan has a under saver sweep does permissible withdrawal apply to it? Meaning can a participant who opted out of a under saver sweep request a permissible withdrawal if they opted out within 90 days from the date of the sweep.

Is a QDIA notice required for a non ERISA Plan? Please provide the regulations that address this question. Thanks.

What are the consequences for the Plan sponsor for failing to send participants the annual fee disclosure notice?

If a participants account balance in a money purchase pension plan is less than $5000.00 is spousal consent waived?

Can someone provide me with the regulations that states that after-tax contributions that are matched need to restricted prior to distribution.

Am I correct that a governmental Section 457(b) plan, Section 403(b) Plan & Non-ERISA 403(b) plan, qualified govermental and non electing church defined contribution plans are required to sent the EACA notice? Please provide the regulations/cite where it states that govermental plans are required to send the EACA notice and are not exempt. Thanks!

Am I correct that a governmental Section 457(b) plan, Section 403(b) Plan & Non-ERISA 403(b) plan, qualified govermental and non electing church defined contribution plans are required to sent the EACA notice? Please provide the regulations/cite where it states that govermental plans are required to send the EACA notice and are not exempt. Thanks!

Can someone please provide me with the regulations/site that states that safe harbor matching contributions must match catch up contributions. Thanks,

I am elevating a new 401(k) that’s offering hardship withdrawals. The prior recordkeeper never maintained a hardship bucket on their system because the plan was previously a 401(a) that did not permit hardship withdrawals Questions: Now that I am elevating hardship withdrawals for the new 401(k) plan do I need to ask the prior recordkeeper for inception year to date contribution amounts so that I can load to the hardship bucket. Or does the hardship bucket starts from now, since I am adding hardship withdrawals to the plan effective 01/01/2015?

My client (DC- 401(k) Plan) is re-enrolling their entire participant population into an age-appropriate target date fund, unless participants opt out. Dates are still being worked out, but we are tentatively looking at opening the opt-out window on 2/9, closing it on 2/27, and updating the planwide exchanges and allocation changes on 3/1. QUESTION: My question is about requirements for timing of participant communications/notices. If we notify participants on or about 2/9, is that sufficient notice? Or do we have to give them at least 30 days for 404© purposes, etc.?

Can someone point me to the regulations which provides that there is a new five year holding period for each new conversion if the participant is under 59 1/2. However, if the participant is over 59 1/2 the initial conversion date to begin the holding period will be used for each new conversion. Please note that this question is regarding In-Plan Roth Rollovers.

A 5% owner turned 70 on 03/28/2013 and then was no longer a 5% owner on 04/01/2013. Was this participant required to satisfy their RMD require for 2013? (Knowing that they could push off the initial payment until April 1, 2014.)

Can a plan administrator who has a money purchase pension plan subject to QJSA as the normal form of distribution eliminate an optional form of distribution from the plan (i.e., installments). Meaning, if a non-married participant opts out of the annuity as the normal form of distribution, the only two options are lump sum and installments. Can the plan administrator eliminate installments from the plan as an optional form of distribution. Therefore only leaving a non-married participant that opts out of the annuity to only take a lumpsum. Does this violate the anti-cutback rules to eliminate installments?

Can a plan administrator who has a money purchase pension plan subject to QJSA as the normal form of distribution eliminate an optional form of distribution from the plan (i.e., installments). Meaning, if a non-married participant opts out of the annuity as the normal form of distribution, the only two options are lump sum and installments. Can the plan administrator eliminate installments from the plan as an optional form of distribution. Therefore only leaving a non-married participant that opts out of the annuity to only take a lumpsum. Does this violate the anti-cutback rules to eliminate installments?