david rigby

By the way, notice in the April 2019 discussion, linked by @fmsinc above, the original post uses the term "retirement account", with no mention of whether it is a qualified plan or an IRA.

Duplicate post. Replies should go here: https://benefitslink.com/boards/topic/71448-hcfsa/

Creative action? Maybe send a letter suggesting (without really promising) that, absent a signed election form received by X date, the benefit will be distributed to you, with applicable withholding, and will be reported to the IRS as a taxable payment. IOW, see if they call your bluff.

Times a wastin'! The potential "what if" problem of the IRS saying, "How come youse guys reportin' so many?" is much less than what you are currently experiencing. Take advice from Nike: Just do it.

Does this previous discussion help? Oh, look who started the thread! By the way, I still stand by my recommendation: do nothing, or use the default investment. The plan is doing the investing, not the individual.

There are other ERISA lawyers. If you have any doubts (any!), then getting legal review may be worthwhile.

Suggestion: read the plan amendment that effected the plan freeze. The usual definition of a "hard freeze" is to determine the accrued benefit (usually expressed as an annuity that commences at Normal Retirement Age), and that amount does not go up or down. If there is anything that later changes that (such as amendment that could permit a higher benefit), the plan will no longer be "frozen".

Some missing info. Is there also an associated change in corporate structure? For example, did Company B acquire Company A? If so, how long ago did that occur?

This is your first step.

Presumably, this sole proprietor is creating a DB plan to target the 415-maximum benefit. Is that correct? It's not clear to me why such plan would be a cash balance plan. Seems that a traditional DB plan design would be more appropriate. But maybe it's just me.

Maybe, but it's an uphill fight. To see several prior discussions on amending a QDRO, go to the Seach box above, type the word "amend", click the dropdown arrow to "This Forum", and hit your enter button.

To be precise, such "non-applicability" contains a pre-requisite. For example, IRC 411 (minimum vesting standards), see subsection (e)(1) for the governmental plan exemption. However, please keep reading: subsection (e)(2) includes the statement, "...if such plan meets the vesting requirements resulting from the application of sections 401(a)(4) and 401(a)(7) as in effect on September 1, 1974." Thus, ERISA exemption is conditioned on meeting pre-ERISA requirements. There are several other similar IRC sections.

See IRC 404(o)(3)

Don't overlook the possible explanation that the W-2 was issued because someone did not know the correct process. That might be the first problem to solve.

The applicable reg under IRC 411(d)(6) is 1.411(d)-3. https://www.ecfr.gov/current/title-26/chapter-I/subchapter-A/part-1/subject-group-ECFR686e4ad80b3ad70/section-1.411(d)-3 Subsection (b)(3) mentions that "ancillary" benefits are not protected. Subsection (g)(2) defines "ancillary".

While your Q/topic is not addressed specifically in the Guidelines, it is possible your query could be interpreted in a way that looks like "price-fixing". Generally frowned upon here. Tread carefully.

Read the document. It may already have something to say about this.

Movement of assets has nothing to do with a short PY. If the plan merger occurs on 12/31/23, then: There is no Plan B one day later. ALL of the assets belong to Plan A immediately. There is no requirement to liquidate any of the Plan B assets.

I've seen, back when the RMD was based on 70-1/2, plans defining (as Peter states above) an RMD of 69-1/2. Although I'm unsure why, I think it was originally done to make sure they don't fail to comply with the 70-1/2 date. As I read it, there is no requirement to change to 72 or anything else.

I'm assisting in a plan merger of 2 DB plans (same sponsor), and preparing the IRS Form 5310-A. Line 5a requests an actuarial statement showing compliance with IRC 401(a)(12) and 414(L). Anyone willing to share information about the form and substance of such attachment?

Um, yes, they are aware, even if they don't admit it.

Hold on here. Is there an actuary at this "most uncooperative TPA"? If so, it may be worth noting this from the Actuarial Code of Conduct: PRECEPT 10. An Actuary shall perform Actuarial Services with courtesy and professional respect and shall cooperate with others in the Principal’s interest. I agree that you are not entitled to be the Filing Coordinator yet, but someone should provide you copies of previous forms that you may request. IMHO, this should not be ambiguous.

There is no passion like that of a functionary for his function. BTW, no one really thinks the IRS should be called "the Service".

Does this participant have any standing to "complain"? Is this participant making a "claim"? As Effen implies, there may be nothing to do, such that the question might be easily answered by providing a copy of the SPD (although it's possible the SPD is not specific enough), or (even better) provide the plan's definition of Spouse or definition of J&S.

At the risk of repeating myself, don't forget to re-read IRC 4980 to see the conditions that permit such a transfer.