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Everything posted by david rigby
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Timing of plan termination when employer no longer exists
david rigby replied to ldr's topic in 401(k) Plans
Agree. I have seen examples where a plan was "un-terminated" by amendment, and then a later termination date was selected. Just be sure someone creates the proper plan amendment(s). You should rescind the termination before the plan year end. -
While it can be beneficial for the PA to get its own legal advice, note that changing names or focus of various ministries is common. Some programs are part of a larger focus, might be spun-off, might be merged with others, etc. Look to the actions and words of particular religious denomination at the time that Ministry A was discontinued, or merged, etc.
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Switching to more restrictive vesting schedule
david rigby replied to Robin Wilson's topic in 401(k) Plans
Read IRC 411(a)(10). https://www.law.cornell.edu/uscode/text/26/411 The most common method of doing this is probably to apply the new schedule only to those who become participants after the effective date. -
Old Beneficiary Designation Effective?
david rigby replied to kazoni's topic in Distributions and Loans, Other than QDROs
I'm no expert but have seen a few examples of death distributions to an estate. Our review concluded that the estate (not a natural person) cannot create an IRA. And this result may have distinct tax advantages to the estate's beneficiary (don't know, just speculating). Thus, the payment is not roll-able, and the 20% default withholding is not relevant. However, the alternative default withholding of 10% does apply, with the estate having the option to elect zero withholding. IMHO, the plan, assuming the estate is the proper beneficiary, should not make a payment to an IRA.- 12 replies
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Anyone have a shareable copy of SSAP No. 92? Also, SSAP No. 102? Also SSAP No. 11?
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Making ER contrib to new 401k plan?
david rigby replied to AlbanyConsultant's topic in 403(b) Plans, Accounts or Annuities
Is there a discretionary nature to the ER contribution? Will the 401(a) plan exist prior to FYE? -
Data as of November 30, 2020 (Monday) Ninth month-end after beginning of Coved-19 pandemic/isolation Moody's Daily Long-term Corporate Bond Yield Averages Utilities Industrial CorporateAaa NA 2.20 2.20Aa 2.51 2.20 2.36A 2.72 2.60 2.66Baa 3.01 3.25 3.13Avg 2.75 2.56 2.66 Moody's Daily Treasury Yield AveragesShort-Term (3-5 yrs) 0.27Medium-Term (5-10 yrs) 0.56Long-Term (10+ yrs) 1.37 Observation: (1) Comparing the Avg rates to 6 months prior, current rates are about 40 points lower. (2) Comparing the Avg rates to 12 months prior, current rates are about 70 points lower.
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Plan Termed, Partic is getting a divorce
david rigby replied to BG5150's topic in Retirement Plans in General
Generally, I agree with above comments. However, it's not prudent to simply ignore it. Rather, write down what you are doing, including nothing, and cite your QDRO procedures. Remember, being informed of a divorce or potential divorce might be a "red flag" (i.e., you might be expecting to receive a DRO) but is not the trigger for "put hold on account". It is not the same thing as receiving a DRO. See IRC 414(p)(7). -
401(k) participant market risk and longevity risk
david rigby replied to mz27514's topic in 401(k) Plans
"Don't gamble; take all your savings and buy some good stock and hold it till it goes up, then sell it. If it don't go up, don't buy it." Will Rogers- 12 replies
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PBGC missed contribution reporting
david rigby replied to pixiebear's topic in Defined Benefit Plans, Including Cash Balance
IRS Notice 2020-82, issued 11/16/2020. https://www.irs.gov/pub/irs-drop/n-20-82.pdf. For IRS purposes, the 1/1/2021 extended due date is now (administratively) January 4, 2021. The PBGC may (but is not required to) follow. -
Probably not an "R", but yes, a 1099.
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2021 Enrolled Actuaries Meeting
david rigby replied to mwyatt's topic in Defined Benefit Plans, Including Cash Balance
Not a good omen. -
At the time the QDRO was prepared, the language you describe is awarding her a portion of any increase, which (conceptually) is no different than awarding alimony as a percent of future earnings. Your company plans to calculate her share based on the terms of the QDRO itself, not based on how you (later) wish it had been written. How could they do differently? If you disagree with the interpretation of the QDRO, say so, and present your facts. Get the advice of your own attorney (ie, one who is familiar with QDROs). Just a hunch: it may not matter that you later describe it as "unfair".
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Data as of October 31, 2020 (Friday) Eighth month-end after beginning of Coved-19 pandemic/isolation Moody's Daily Long-term Corporate Bond Yield Averages Utilities Industrial Corporate Aaa NA 2.39 2.39 Aa 2.76 2.43 2.60 A 2.99 2.86 2.93 Baa 3.35 3.62 3.49 Avg 3.03 2.83 2.93 Moody's Daily Treasury Yield Averages Short-Term (3-5 yrs) 0.29 Medium-Term (5-10 yrs) 0.59 Long-Term (10+ yrs) 1.43 Observation: (1) Comparing the Avg rates to 6 months prior, current rates are very close, only 5-10 points lower. (2) Comparing the Avg rates to 12 months prior, current rates are about 30-45 points lower.
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Is this the same question you asked earlier? If so, it is very inefficient to ask it twice. However, if you need to add information to the original question, please use the Edit feature.
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Merger and Acquisitions and the Bad Apple Rule
david rigby replied to SEM's topic in Retirement Plans in General
Yep. Another reason might be who pays any admin costs. Good documentation will include this.
