Gadgetfreak

I could use some opinions here. I am surprised this has never happened before. I have a 401k Plan that failed the ADP test. They are not interested in doing a QNEC and are not a safe-harbor. The two HCEs who need to have funds returned have terminated. What process do you use to alert them of this? How is my client (the Plan) protected if the HCEs ignore the instructions? I can argue that if the HCEs took a direct distribution and were taxed on it, the end result is the same and I need do nothing further. Do you agree with that statement? But, like most HCEs, they rolled the funds over to an IRA. What do I do now? Finally, should I institute a rule that I will NEVER distribute HCE balances until after year-end testing? That could be a year or more later (if the termination was in January). Is that even allowed? Even if the Plan is an SH or SHM, the client could stop the SH mid-year and be subject to testing. So the only real time I could distribute is if it is someone over age 50 who deferred up to the catch-up limit. What do you all think? Thanks in advance.

Well, we are denying the claim for lack of documentation but also saying it is too late to resubmit because of the deadline. The question is, is the deadline for the initial submission. for the complete claim or is it up to the Administrator? The Accudraft document that we use says the date is "to submit". So if you deny, then you are under the appeal process just like oriecat says. If you don't want the runout to be that long, then amend the plan and make it 30 days. Thanks for the replies. Here are some follow-up questions: 1) The appeals process says the employer makes the final decision. Does it matter what the reason is? Can the employer deny for the same reason we did - it was not submitted completely on 3/31? 2) Can I close the books, reconcile the assets, create the report and forfeit the funds to the employer after 3/31 anyway? What will happen if we did make a mistake (and that is part of the answer to #1 above)? Thanks again.

Well, we are denying the claim for lack of documentation but also saying it is too late to resubmit because of the deadline. The question is, is the deadline for the initial submission. for the complete claim or is it up to the Administrator?

We use Accudraft for our document software. It mentions briefly a 90 day run-out period for submitting claims but doesn't detail it further. The EBIA manuals don't seem to discuss it either. Here is my question. Someone submits an incomplete claim on 3/31. Are we allowed to close the books at that time and forfeit his balance since he did not get a complete claim in by the deadline? Or, like with IRS filings, if they get it by the deadline but it is incomplete, there is time to correct? We can't leave our previous books open for so long. Clients want their totals. Without proper guidance I have been relying on the fact that, as long as I properly communicate this rule, we are OK. After all, the Doc says 90 days but I worry that it says to submit (not for it to be complete and accurate). Anyone have any thoughts on this issue (preferably with some guidance I can cite)? Thanks in advance.

Maybe I missed it, but I was wondering if there is a forum here for exchanging information on job opportunities. I actually have an available Retirement Plan Administration position available in my Firm (Long Island, NY) that I am looking to fill. I usually post on Craigslist and monster.com but figured I would look within our own industry first. Any suggestions on where to post the details?

I have a new-comp plan (everyone in their own subgroup) with a SHNE. Doc says SHNE should be 'at least 3%'. There is one key/HCE and everyone else is NHCE. We calculated that to give the owner the max PS, we would need to give 1.42% PS to everyone else (plus the 3% SHNCE) which happens to be the minimum required for the MCG test (4.42%). One of the NHCEs terminated before year-end and is not entitled to a PS per the Doc. Therefore, they would only get the 3% SHNE but everyone else would get the 3 + 1.42 = 4.42%. Can you guess my problem yet ? The MCG fails because of this one person. She is included in the MCG because she is entitled to an SHNE but, because she is terminated, doesn't get a PS. What do I do? I can make the SHNE 4.42% for everyone since the language says 'at least', right? The problem is that it makes that extra 4.42% 100% vested. Do you agree with that? But, do you think I can give that one NHCE a 4.42% SHNE and everyone else gets the 3% SHNE and the 1.42% PS? That would mean a different SHNE for different people. Thanks in advance for any advice.

I would love to see what you have. Any way you can post it on these forums? Thanks.

Are you allowed to discriminate against HCEs and not give any of them a SHM? Are you allowed to discriminate against some but not all of the HCEs if you can divide them into reasonable classifications? Can you give the SHM to Keys but not other HCEs (as well as NHCEs)? Thanks.

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