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Everything posted by david rigby
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MP Plan - Annuity Request
david rigby replied to TPApril's topic in Defined Benefit Plans, Including Cash Balance
Perhaps engage a licensed insurance broker/agent who will solicit multiple bids? Remember, there can be a fiduciary duty here. -
Is the existing database in Microsoft Access? If so, you can probably find someone to help, such as build a user-friendly interface. Maybe engage an outside IT firm for a one-time upgrade and/or an ongoing maintenance contract (even if not in Access)?
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The SPD and SMM are not issued by any agency, but by the plan sponsor. Logically, the sponsor can issue multi-language documents at its own discretion, although one might interpret the Order as forbidding any federal agency from mandating such multi-language documents. I wonder if there is any downstream affect, specifically on state/local agencies or govt units.
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In addition, the quoted (1) and (2) have no associated timeframe.
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Profit Sharing Plan Real Estate Distribution Option
david rigby replied to LMK TPA's topic in Retirement Plans in General
Hold on here. The real estate total about $2.1 million, but the (now deceased) participant has an account balance of $1.5 million. The kids are trying to take all of the real estate. Sounds like some version of theft. -
Partic asked for Roth, got Pre-tax. 3 years
david rigby replied to BG5150's topic in Correction of Plan Defects
I have a vague recollection of a similar question in the past. Maybe you could try the Search feature above. Probably search this forum with a search term of "Roth"? -
Entry Age Normal
david rigby replied to Rball4's topic in Defined Benefit Plans, Including Cash Balance
I'm jealous. -
Governmental 401(a) plan and no lump sum option
david rigby replied to 30Rock's topic in Governmental Plans
Probably. If this is a real question, the plan sponsor might be smart to get an opinion from its benefits counsel. -
Changing NRA assumption, is it a BRF issue?
david rigby replied to Jakyasar's topic in Retirement Plans in General
Presumably such change would apply to new participants/employees only? -
While you may be "exclusively with DC plans", at some point you need to ask, "Is there another plan?" and "Is there a DB plan?"
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Great advice above. Please allow me to summarize: Get competent legal counsel! P.S. "competent" will probably include "M&A experience". That counsel will probably be hired by A or B or C, likely not by you. P.P.S "We" is used in the original post; make sure you are clear with counsel what that means.
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Discrimination Testing If Everyone Is An HCE
david rigby replied to metsfan026's topic in 401(k) Plans
In context, "add people" appears to mean more than "hire someone". If the co-op hires an employee, that will differ from the co-op adding a new owner-employee. Caution with terminology. -
Beneficiary Designations and Divorce
david rigby replied to youngbenefitslawyer's topic in 401(k) Plans
Very likely, the Plan will consider this as two separate events (who wouldn't?). In such case, the marriage event causes an automatic change of beneficiary to the spouse. The divorce might (check the plan document) automatically invalidate the beneficiary designation, but such provision is not required. Do two things: (1) read the document, and (2) get the participant to submit a new beneficiary form. Don't look for ways to cut corners, esp when the solution is so simple. -
Pissed off employees? If the proposed change is to save some admin fees, the ER should be honest and transparent about it.
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What does "hold it" mean? IRAs? Something else?
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Any written service agreement(s) that might help?
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Distributions from 401(k) plan when employer in bankruptcy?
david rigby replied to erisageek1978's topic in 401(k) Plans
Does the Trustee have any authority to "freeze" the assets? And exactly what is meant by "freeze"? Does any participant have a right to reallocate his/her investment decisions now? Does the Plan contain any language that might, automatically, terminate the plan due to bankruptcy filing? The original post states "in bankruptcy". Does that mean any formal filings have been made? or just expected? -
Follow-up to post above from @Paul I. The text of Rev. Ruling 2019-19 is here: https://www.irs.gov/irb/2019-36_IRB#REV-RUL-2019-19
