Jump to content

david rigby

Mods
  • Posts

    9,197
  • Joined

  • Last visited

  • Days Won

    117

Everything posted by david rigby

  1. In addition, the quoted (1) and (2) have no associated timeframe.
  2. 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.
  3. 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"?
  4. Probably. If this is a real question, the plan sponsor might be smart to get an opinion from its benefits counsel.
  5. Presumably such change would apply to new participants/employees only?
  6. Agree with @Effen. If the asset trustee/custodian reported it, I used it. However, note that it is often an estimate, so the next asset reporting may have an actual amount that differs (slightly). No big deal.
  7. 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?"
  8. IRS Reg specifically states that a pre-nup does not affect the selection of beneficiary. I think it is: Reg. 1.401(a)-20, Q&A28. Very likely, the plan already answers the original question.
  9. 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.
  10. 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.
  11. 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.
  12. Pissed off employees? If the proposed change is to save some admin fees, the ER should be honest and transparent about it.
  13. What does "hold it" mean? IRAs? Something else?
  14. Any written service agreement(s) that might help?
  15. 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?
  16. Not sure of the details: is there a statute that permits a congress to overrule any regulation that was adopted within X months prior to that Congress beginning? My best recollection is that happened in 2017.
  17. 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
  18. IMHO, it would be hasty to assume "clerical error".
  19. Don't overlook how "stretched" payments might affect the FICA tax due.
  20. Have you confirmed that the missing ex-employee is still alive? Be creative in how you search.
  21. Insufficient information. Rather than post your (probably) personal details, the best suggestion is to engage an attorney who is familiar with such distribution(s). (Not all divorce attorneys fit that description.) Make sure that person is familiar with QDROs and also with whatever plan(s) cover CPD* employees. Most federal rules pertaining to a "Qualified Domestic Relations Order" do not apply to plans sponsored by a governmental organization, but the plan itself may have adopted similar procedures. *Might be Chicago Police Department or Charlotte Police Department or Cincinnati Police Department, or maybe something else?
×
×
  • Create New...