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Everything posted by david rigby
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T-H rules provide minimums (benefit, vesting). If the plan is more generous than the minimum, then it automatically satisfies T-H. Don't worry, be happy. BTW, I think that all plans must include T-H language even if all other plan provisions provide something better. (am I remembering that correctly?)
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PBGC requesting extra information with form 501
david rigby replied to SheilaD's topic in Plan Terminations
Why? could be lots of reasons. My hunch: it's a way to avoid most audits, by requiring the submission of information that would be requested in any audit. -
Only partially snarky: so what?
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Unrelated Participating Employer - No Participation Agreement
david rigby replied to LANDO's topic in 401(k) Plans
Pardon my ignorance: if they did not execute participation agreements for the "new companies", how is there a multiple-employer plan?- 14 replies
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- Participation Agreement
- VCP
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ROTH deferrals but no provisions in plan
david rigby replied to cpc0506's topic in Retirement Plans in General
In this context, does "advisor" mean someone involved in the asset investments? someone who gets a higher compensation/commission/etc. when the plan assets are larger? -
Electronic Distribution of SPDs
david rigby replied to PJ2009's topic in Communication and Disclosure to Participants
Think "intranet". -
https://www.irs.gov/uac/Newsroom/IRS-Announces-2016-Pension-Plan-Limitations;-401(k)-Contribution-Limit-Remains-Unchanged-at-$18,000-for-2016
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ROTH deferrals but no provisions in plan
david rigby replied to cpc0506's topic in Retirement Plans in General
Never cheat! BTW, what does the plan's attorney say? -
Reduce Benefit for Prior Lump Sum
david rigby replied to jwb0323's topic in Defined Benefit Plans, Including Cash Balance
Any precedent? BTW, if you are not the actuary, the plan's actuary should be involved in this discussion. -
News release last year was dated 10/23/14.
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The point of the 80-120 rule (see link above), is they may file whatever form they filed last year.
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100% deferral, limited to 90% by payroll provider??
david rigby replied to Craig Garner's topic in 401(k) Plans
You might have issues other than taxation, such as EE contributions toward medical coverage, LTD coverage, etc. -
Nope. See PBGC Blue Books. Q&As 2000-16 and 2007-05. http://www.pbgc.gov/prac/other-guidance/blue-books.html
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See page 8 of the 2014 instructions. http://www.dol.gov/ebsa/pdf/2014-5500inst.pdf
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I don't think so. You may wish to review regulation 1.410(d)-1
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415 limit question
david rigby replied to dmdavala's topic in Defined Benefit Plans, Including Cash Balance
The plan might define the death benefit in a way that includes the 415 limit. -
Maybe none? In general, the plan pays to those eligible who make a claim. As long as you aren't hiding, I suggest the plan does not have an obligation to seek out a potential beneficiary, especially when such potential beneficiary is not obvious.
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Frozen profit sharing plan - vesting
david rigby replied to taxllm's topic in Retirement Plans in General
Is the PS contribution discretionary? If the ER, in its discretion, decides to make a zero PS contribution, is that a freeze? Put another way, what is the intent of the original question? -
Life Insurance proceeds, can this cash be rolled into a 401(k) Plan
david rigby replied to cjbaustin's topic in 401(k) Plans
It may be prudent to inquire about the source of this "life insurance" payment.
