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Everything posted by david rigby
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Freezing benefit service
david rigby replied to fiona1's topic in Defined Benefit Plans, Including Cash Balance
This is the reason many plans define the eligibility using Vesting Service. -
Should an owner still participate once they have collected S.S.?
david rigby replied to Lori H's topic in 401(k) Plans
Is the wife already deferring the max? -
Has the $3,000 really been "sent" to the IRS? Or is it in some account, waiting to be sent? Also, not an answer to your question, but "what the...?"
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I'll give this a shot, but not necessarily confident in my response: I think whether this payment is "roll-able" may depend on exactly how it's defined in the plan document. For example, if it is defined as a death benefit, it might be roll-able, but if it's defined as part of the annuity stream, I'll suggest it is not roll-able. BTW, I really don't like the manner in which you use "accrued". Definitely not in conformance with most usage in the context of a DB plan. Maybe it's just me.
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The employees of the other attorney get a W-2 that has the employer name and EIN for Jelly?
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QDRO Earning Calculation
david rigby replied to JohnH's topic in Qualified Domestic Relations Orders (QDROs)
I'm perplexed by the over-emphasis on the S&P500. If you are unable to get accurate records and are forced to estimate the earnings, pick one or more indexes that reflect the actual (types of) investments in your account. -
DB Order doesn't allow JSA
david rigby replied to ERISA-Bubs's topic in Qualified Domestic Relations Orders (QDROs)
Well, that's part of it. Also, note the purpose of a DB retirement annuity is to provide a retirement income for the lifetime of the participant, with limited survivor benefits (primarily the spouse). -
DB Order doesn't allow JSA
david rigby replied to ERISA-Bubs's topic in Qualified Domestic Relations Orders (QDROs)
This language has its origin in IRC 414(p)(4)(A)(iii). -
As a "moderator", I have often edited message titles (or occasionally, the message itself) for clarity, misspelling, etc. Do moderators still have that ability?
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Beneficiary - Participant deceased and divorced
david rigby replied to jmartin's topic in 401(k) Plans
Don't forget to search your files for a QDRO (draft or otherwise). This is easily overlooked in an employer with many locations and/or a non-centralized HR function. -
Interesting. So, absent this (alleged) action, the taxable income of the owner (or perhaps the company) would greater, but each daughter's income generates more FICA tax. Is that about it?
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Here is the similar discussion:
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DRO Interpretation
david rigby replied to PFranckowiak's topic in Qualified Domestic Relations Orders (QDROs)
Not sure why you care. Is your task is to review the draft DRO? If so, see if you can reasonably interpret it in light of the plan provisions, and advise whether it should be "qualified". If there are ambiguities, either (a) describe them and reject the draft, or (b) describe what reasonable interpretation/solution you suggest (without re-writing the DRO). -
DIsqualified Plan - Minimum Funding?
david rigby replied to Lou S.'s topic in Defined Benefit Plans, Including Cash Balance
Yeah, I agree with My2Cents. But check the document. Many documents include a provision that requires the plan to be qualified, for it to exist. -
Data as of 12/30/2016 (Friday) Moody's Daily Long-term Corporate Bond Yield Averages Utilities Industrial Corporate Aaa NA 3.98 3.98 Aa 4.02 4.03 4.03 A 4.19 4.21 4.20 Baa 4.70 4.75 4.73 Avg 4.30 4.24 4.27 Moody's Daily Treasury Yield Averages Short-Term (3-5 yrs) 1.72 Medium-Term (5-10 yrs) 2.24 Long-Term (10+ yrs) 2.89
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CHANGE QDRO PAYOUT TIME
david rigby replied to lenabeana's topic in Qualified Domestic Relations Orders (QDROs)
1. Can a QDRO be changed? Yes, but it's your responsibility (and cost) to get it done, through the court. Your ex-husband will (probably) get a voice in this. Talk to your attorney. 2. Is this a defined benefit plan? If so, saying "drawing no interest" is irrelevant because there is no individual account. If it's a defined contribution plan, then his account has (probably) been split into 2 accounts, so your portion is invested in some manner so that it can grow over time. If you don't know, ask. -
Terminated Partners Eligible For Profit Sharing?
david rigby replied to Princess(k)'s topic in 401(k) Plans
This question might answer itself, but (as always) the first inquiry is "what does the plan say?" -
It might also be prudent to verify what DOT is shown on employment records, rather than assume a particular date.
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Ideally, the reference to "set up procedures" in Post #3 is double-edged: - The external vendor should improve their procedures, and should identify those improvements to you (i.e., the plan sponsor), and - The sponsor should improve its own procedures (let's just call this "proofing").
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Waiver of Benefits
david rigby replied to Gary's topic in Defined Benefit Plans, Including Cash Balance
...but they don't have to have the exact same benefit.
