david rigby

I vote for option #2. BTW, are there excess assets? If so, be careful what you do with them? If any amount is allocated to participant(s), don't forget about 415 limitation.

Seen it. Done it. IMHO, you can amend the plan to increase the allocation of excess to participants at any time prior to actual distribution. Note, this might mean you have to produce two checks to everyone, so there is additional administrative cost. Be very careful if there are retirees getting an annuity. If the plan purchased a commercial annuity for the retiree, you may be going back to the same insurer and asking if you can give them more money to provide a higher benefit, but it's likely the (monthly) benefit will not increase in the same proportion. Advance discussion of this possibility is important.

Generally, that is determined by the precise terms of the plan amendment.

Some people think "advice" from Sal Tripodi trumps advice from anyone else.

The ER might consider that the EE could claim he is an active employee due to the ER's treatment of "severance" payments, and might also demand coverage under other benefits provided to active employees.

If not already done, put this in writing, probably outlining the facts in the original post, to both parties.

Based on the facts presented, this is a no-brainer: you met the conditions specified in the plan. If someone is stating otherwise, ask (in writing), and get a written response.

Yes.

Yes. The exemption in 436(d)(4) applies to only one of the possible limitations of 436. IRC 436(a) requires compliance with subsections (b), ©, (d), and (e).

Yes, but 436(d)(4) refers to "this subsection", which is a reference to 436(d), not to 436. Also, pay attention to the phrase about "...no benefit accruals..."

Not answering your question, just a warning: To change a plan year, the amendment/resolution/etc. must be signed on or before the end of the (new) short year. If your resolution was signed after 10/31/15, oops.

Another key advantage of a QDRO: it's the legal exception to the anti-alienation clause of IRC 401(a)(13).

Have you reviewed this information? http://www.pbgc.gov/prac/terminations/missing-participants.html If you have no SSN (which I find a little difficult to believe), perhaps your search should include relatives and former co-workers.

Similar prior discussion: http://benefitslink.com/boards/index.php/topic/58954-open-enrollment-special-enrollment/

Help us out please. Why is this not a problem?

Does the SPD include a generic discussion of a QDRO? Has the PA pointed the participant to that section of the SPD? Why would the participant pay an attorney to draft a "petition" but not be willing to pursue the existing legal avenue of a QDRO?

...or "to them".

Probably, the 5310 will show assets including whatever contribution is necessary for Standard Termination. See the line for "Receivable Employer contribution". Then, at a later date, the owner will document his/her action to forego a portion of his/her benefit. On its face, this will reduce the amount of receivable contribution. BTW, there might be legitimate reasons why an owner may want to "fund it up", even though such funding might affect only the owner's benefit.

Probably. Search the PBGC instructions for "owner". http://www.pbgc.gov/documents/500-instructions.pdf BTW, you will not find the word "waive". They use "forego". Be sure to have this discussion with the plan's actuary.

Data as of 04/29/216 (Friday) Moody's Daily Long-term Corporate Bond Yield Averages Utilities Industrial Corporate Aaa NA 3.63 3.63 Aa 3.67 3.67 3.67 A 3.99 3.89 3.94 Baa 4.66 4.72 4.69 Avg 4.11 3.98 4.05 Moody's Daily Treasury Yield Averages Short-Term (3-5 yrs.) 1.10 Medium-Term (5-10 yrs.) 1.52 Long-Term (10+ yrs.) 2.36

Agree. Both old ER and new ER did a poor job of communicating, but poor communication is not the same as "trying to pull a fast one". However, going forward, read all communication materials carefully, and ask questions if you don't understand.

Regulation by memo. Shameful.

Sure. Likely, related to some (very) bad asset experience. For example, - A large portion of the assets took a sudden (unanticipated) nose-dive. - The liquid assets went down but the illiquid assets could not be converted to cash easily enough (or soon enough) to meet the payment date.

What does this mean? A plan must have a sponsor. If the sponsor no longer exists, the plan provisions may automatically terminate it.

Defined benefit plan is offering a temporary lump sum window to VT participants. The sponsor's DC plan accepts a direct rollover for an active employee. 1. Can the DC plan be amended to permit a direct rollover from a VT participant, when the DC account for this person is currently zero? 2. Same as (1), but assume the DC account is currently non-zero? (Of course, proposed action is non-discriminatory and would apply to any such VT, without regard to HCE or NHCE.)