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Everything posted by david rigby
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Late Quarterly Interest
david rigby replied to a topic in Defined Benefit Plans, Including Cash Balance
If a contribution is made after the 8-1/2 month deadline, it cannot be counted for the prior year's funding standard account. In the same vein, the interest penalty stops accruing on that deadline, whether or not the contribution has been made. -
This is tragic news. I saw Mark just four weeks ago at the EA meeting. His in-depth knowledge of many topics has always been valuable to many others, and a great sense of humor.
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Paying Out Employee Contributions First
david rigby replied to a topic in Defined Benefit Plans, Including Cash Balance
The answer may depend on what you mean by "first". - If you mean "now", with no reduction to the employee's accrued benefit, then you probably can do that, via proper plan amendment. - If you mean "immediately upon severance of employment", it seems unlikely that you could amend the plan to require this [see IRC 411(d)(6)]. Important: in both cases, current plan provisions must be reviewed. Make sure you confirm action with your ERISA attorney. -
Since the original post had a "difficult smell", this comment by JohnG is apropos. When you talk to a lawyer, perhaps this might be a good point to clarify.
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Perhaps the SOA Table Manager is what you want. See this thread: http://benefitslink.com/boards/index.php?showtopic=27582
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bankruptsy abuse prevention and consumer protection act
david rigby replied to a topic in Retirement Plans in General
There probably are (or will be) many summaries available here. McKay Hochman summary here. -
IMHO, old exams are always useful in the study process. Even if the topic seems out of date, it can usually be modified without significant effort, and (therefore) re-used.
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You mention 2 in CA (both Southern CA, I think). If that is a criteria, please advise. Criteria other than those already mentioned? BTW, I work in the "South". Does that count?
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Penalties for incorrect address on 1099
david rigby replied to Belgarath's topic in Distributions and Loans, Other than QDROs
The comments from WDIK are not in the instructions for the 1099-R, but can be found beginning on page 6 of this. -
Careful review of the DRO. Careful review of the plan document. Very likely that both will already state that nothing in a DRO will be construed to cause the plan's liability to increase (although it won't use that language). If you cannot answer the question, perhaps that means the DRO should not be acceptable as a QDRO.
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Hmmm. BenefitsLink is a good place to start looking for many things: http://benefitslink.com/yellowpages/ However, bigger is not always better. Got a big plan that needs help? RFP? (P.S. My firm can do this, as can many other contributors to these Message Boards, but I'm not here to plug that.)
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Lump sum interest rate for 2005
david rigby replied to rcline46's topic in Defined Benefit Plans, Including Cash Balance
Contribute more. Use Unfunded Current Liability. -
Penalties for incorrect address on 1099
david rigby replied to Belgarath's topic in Distributions and Loans, Other than QDROs
Why not? Assuming we are talking about the 1099-R, here is the form: http://www.irs.gov/pub/irs-pdf/f1099r.pdf And instructions: http://www.irs.gov/pub/irs-pdf/i1099r.pdf Perhaps Belgarath can elaborate on this “fine". -
Another update to state tax withholding information: http://www.prudential.com/media/managed/St...Withholding.pdf
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Mandatory Contributions - 401(a)(17) Excess
david rigby replied to wmyer's topic in Correction of Plan Defects
When the employer "does not stop taking mandatory contributions", is this binding on the plan? Do plan provisions state what happens inside the plan in this case? -
Rev. Proc. 2002-64 can be found here.
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Do a Search of the Message Boards using "demutualization".
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PSP Termination w/DL - Partial Distribution - Percentage?
david rigby replied to TCWalker's topic in Plan Terminations
Yeah. Many documents already include something about this. Look there first. -
Payout prior to receipt of QDRO.
david rigby replied to a topic in Qualified Domestic Relations Orders (QDROs)
That payment will look like a lump sum. But not eligible for rollover, right? -
Schedule SSA - listing of those reported
david rigby replied to a topic in Defined Benefit Plans, Including Cash Balance
Tom, I would do it that way. -
Ability to look outside the plan document
david rigby replied to smm's topic in Retirement Plans in General
The Plan Administrator (capital letters are significant) or "Retirement Committee" may make reasonable administrative decisions, but those must be consistent (that is the reason such decisions will be (!) written) and are for the purpose of clarifying items that were not anticipated in the document. Of course, this assumes the plan document gives the PA such authority. Read carefully. In practice, you may find that some such items are significant enough to be elevated to the level of plan amendment.
