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Everything posted by david rigby
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RPA liability
david rigby replied to FAPInJax's topic in Defined Benefit Plans, Including Cash Balance
No. You should use the turnover assumption in determining the EOY CL, but vesting is not relevant. -
average comp and rehire
david rigby replied to Tom Poje's topic in Defined Benefit Plans, Including Cash Balance
I also would lean toward suggestion 1. IMHO, suggestion 2 is not appropriate, unless it is clear in the document. If the document is like most, it will be silent on this, and Andy's comment about "reasonable" sounds good, remembering to "resolve in the participant's favor". This assumes you have carefully reviewed the language of FAE. I have seen many which specify something like "highest 5 consecutive years in which the participant earned a YOS, out of the last 10 consecutive years in which the participant earned a YOS." -
Exactly right. Leevena, make sure you read the discusions in the links above, and then heed Q's admonition to get advice from a competent attorney who has experience in ERISA matters.
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Is this a zebra? http://benefitslink.com/boards/index.php?showtopic=8893 http://benefitslink.com/boards/index.php?showtopic=12577 http://benefitslink.com/boards/index.php?showtopic=19871
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http://www.soa.org/ccm/content/exams-educa...nd-supplements/ Best starting point is the study notes and suggested texts. Although FM is not offered this fall, I strongly recommend the actuarial seminars at Georgia State University. http://www.rmi.gsu.edu/actuarial/profeduc/prosched_blank.htm
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... and this will be confirmed by reading the terms of the plan.
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The American Academy of Actuaries sponsors a program where an individual may be able to get some pro bono actuarial advice. (I doubt the actuary would be "negotiating".) http://www.actuary.org/palprogram.htm
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need some help/answers to rollover pension into a traditional IRA
david rigby replied to a topic in IRAs and Roth IRAs
Correct. In other words, what does your plan permit with respect to timing and form of distribution? The plan will already define these chararteristics. It will be spelled out in the Summary Plan Description. Still have your copy? However, the "we don't do that" comment may be concerning. If you are currently eligible for a lump sum payment, and the plan administrator is declining to do it, then that is a different situation. Ask. -
Investment elections when one plan merged into another
david rigby replied to a topic in Mergers and Acquisitions
If your question refers to the participants who are already in B, the merger has no effect on them, so (presumably) there is no reason for them to make new elections. However, because mergers often involve "fund mapping", it may be that fund changes also occur at the merger date, thus impacting all participants. -
Investment elections when one plan merged into another
david rigby replied to a topic in Mergers and Acquisitions
More information needed. -
Beneficiary Designations
david rigby replied to a topic in Distributions and Loans, Other than QDROs
Can you find authority to contradict it? Did the restated document alter in any way the definition of "beneficiary"? If so, was it substantive? If so, does that cause you to think existing designations would conflict with the document? Likely there is change in wording, but not necessarily in a significant way. Could this be an opportunity to ask plan participants to review beneficiary designations and update as needed? -
Any help here? http://benefitslink.com/boards/index.php?showtopic=26068
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If the "discrepancy" is in the payroll function, why not fix it there?
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Fees are negotiable.
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Yep. Might be a bigger problem: the participants elected to defer a percent (perhaps because that's what the plan says?), while whoever designed the payroll information/deduction did so as a flat $ amount. Uh oh.
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Suspension of Benefits - Notification
david rigby replied to a topic in Defined Benefit Plans, Including Cash Balance
Not an answer to your question, but why not consider amending the plan(s) to remove the suspension requirement? This is especially useful if the retiree is rehired in a part-time status, or is otherwise not expected to accrue additional years of service. -
The relationship of the original questioner and the school system is unclear. IANAL, but it seems likely the school system will want to get its own counsel to provide advice (which may be exactly the same as from b2kates).
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Sure it sounds reasonable, but this is an administrative procedure. You need to follow that. (If you don't have such procedure, then this situation is the prompt to put it in writing.)
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Overpayment of DB Benefit to Plan Sponsor Owner
david rigby replied to a topic in Correction of Plan Defects
IANAL so I will not pretend to have any knowledge of Knudson. I wonder if there might be a middle ground: don't even attempt to recover "overpayments", but make sure all future payments are correct. One final thought: Verify whether the current spouse is the spouse at date of retirement.
