david rigby

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.

Just in case you have difficulty locating that item, here it is. (Sorry, i don't have any information about whether any later IRS document modifies this.) IRS Rev Proc 90-49.pdf

20% is required for rollable distributions, but, as stated in the quote, the EE may submit a W-4P to elect "additional amount withheld".

Probably just a typo above, the correct form is W-4P. http://www.irs.gov/pub/irs-pdf/fw4p.pdf Extracted from page 4 of the instructions: "The 20% withholding rate is required, and you cannot choose not to have income tax withheld from eligible rollover distributions. Do not give Form W-4P to your payer unless you want an additional amount withheld."

It's enough extra that we invoice for it. And if you have accrued contributions, it's possible (likely?) that your final AFTAP differs from your estimated AFTAP ratio.

Excellent advice above. One other thing to worry about: assuming you construct a non-discriminatory ERW, if any of the accepting EEs have a QDRO, it is very likely that the Alternate Payee must also get a portion of the ER subsidy. Check carefully.

Data as of 30-SEP-13 (Monday) Moody's Daily Long-term Corporate Bond Yield Averages Utilities Industrial Corporate Aaa NA 4.56 4.56 Aa 4.49 4.72 4.61 A 4.74 4.79 4.77 Baa 5.24 5.53 5.39 Avg 4.82 4.90 4.86 Moody's Daily Treasury Yield Averages Short-Term (3-5 yrs) 0.91 Medium-Term (5-10 yrs) 2.01 Long-Term (10+ yrs) 3.35

Don't overlook the possibility of a partial termination before the plan termination and/or due to the sale.

Ditto.