david rigby

Just to make sure, will the unfreeze include recognition of 2011 and 2012 as benefit service?

Data as of 29-NOV-13 (Friday) Moody's Daily Long-term Corporate Bond Yield Averages Utilities Industrial Corporate Aaa NA 4.62 4.62 Aa 4.54 4.73 4.64 A 4.76 4.84 4.80 Baa 5.22 5.50 5.36 Avg 4.84 4.92 4.88 Moody's Daily Treasury Yield Averages Short-Term (3-5 yrs) 0.86 Medium-Term (5-10 yrs) 2.04 Long-Term (10+ yrs) 3.47

Yep, and there is non-discrimination testing also. Before including after-tax contributions (mandatory or not) in a DC plan, it probably makes sense to consider plan provisions to provide for automatic pre-tax contributions.

The original post implies, but does not state, that the plan is a defined contribution plan. The advice above is good if it's a DC plan, but additional issues might apply if it's a Defined Benefit Plan.

"...when does the payment increase?" Never?

I suggest the answer is almost always Yes. If a contribution is discretionary, it is usually the governing authority (ie, the Board) that has the responsibility/authority to exercise that discretion.

Some prior discussions: http://benefitslink.com/boards/index.php?/topic/3725-how-does-an-employer-reverse-unterminate-a-plan-termination http://benefitslink.com/boards/index.php?/topic/36663-safe-harbor-and-unterminated-plan http://benefitslink.com/boards/index.php?/topic/52385-un-terminate-a-plan/#entry226898 http://benefitslink.com/boards/index.php?/topic/8786-un-terminating-a-401k-plan/

Most plan documents include (often in the definition section) a statement that defines the plan name. If so, changing the sponsor name will not automatically change the plan name.

Not criticizing or pointing fingers, but are you sure? Could this person be confused about what he received? For example, there is a SSA push to get all payees to receive electronic payments, http://www.ssa.gov/deposit/

"adopt" is a potentially confusing term in this discussion. In general, AE must be defined in the plan (it's part of "definitely determinable"). Can you have different AE definitions for different groups? Maybe, but that's a potential violation of non-discrimination. Not sure why you would want to do this. Must the AE defnition for post-NRD increases be the same as other AE defintions? Yes, NO, assuming no discrimination in favor of HCEs, and clarity is essential. This discussion might also help: http://benefitslink.com/boards/index.php?/topic/53203-late-retirement-benefit/

It seems likely that the Plan Administrator is obligated to follow the court order. BTW, are you sure the payment should be made to the estate of the AP, or perhaps as a rollover to the AP's IRA? Just asking.

Duplicate discussion thread. http://benefitslink.com/boards/index.php?/topic/54557-plan-trustee-deceased/

Good comments. Don't forget to check the payment form elected by the retiree: if it was a joint-and-survivor, the plan may need to pay the spouse if spouse survived the retiree.

Let's be careful here. ERISA section 4021(b) defines the exemptions. Subsection (9) is "substantial owners". But don't overlook the possible application of subsection (13): "professional service employer".

No. As Belgarath states, a plan accepts contributions from its sponsor, which is (probably) deductible by the sponsor. Transfers to a qualified plan can only come from another qualified plan. If the (now former) owner wants to use any portion of his assets to benefit his former employees, he can do so thru his will but not thru the plan.

If the plan uses comp after rehire, then the "frozen traditional benefit" won't be frozen, will it? Of have I misunderstood your question?

Data as of 31-OCT-13 Moody's Daily Long-term Corporate Bond Yield Averages Utilities Industrial Corporate Aaa NA 4.48 4.48 Aa 4.43 4.66 4.55 A 4.63 4.70 4.67 Baa 5.08 5.36 5.22 Avg 4.71 4.80 4.76 Moody's Daily Treasury Yield Averages Short-Term (3-5 yrs) 0.82 Medium-Term (5-10 yrs) 1.92 Long-Term (10+ yrs) 3.28

If the company was acquired, how does the "owner" still have any stock?

Maybe. I believe the "market bottom" was in March 2009. It's possible a 2008 amount went down before it went up. However.... the relevant date is the date on which the 2008 match for all participants was actually deposited.

Who says the 5500 for 2012 was not made? If you do it now, it's just late. BTW, is a 2012 filing required? If it's a 5500-EZ, there might be an exemption.

If the "old" plan had a matching feature, that does not disappear. Nor does ADP testing. Nor does TH testing.

Good idea, but might not be kosher. Statute (ie, ERISA) defines the due date. IRS has authority (in some cases) to offer an extension up to 75 days.

http://benefitslink.com/boards/index.php?/topic/43688-sham-divorce

Likely you cannot "refuse the order". (BTW, does the plan have written QDRO procedures?) Search this message board for the 2 or 3 discussions on the court case involving Continental Airlines.

I deserve no adoration. However, perhaps you (and hundreds of others) could send me $1.