GMK

​A reasonable question, the answer to which is companies in parts of the country where you don't need to make 120k to keep from starving. I know the government writes regs, rules, etc. based on their assumption that the cost of living is uniform across the country ... but (spoiler alert) it ain't so. Too bad they think that it's too difficult to factor real-world pay diversity by region into regs. (thanks for letting me soap box)

FWIW, my thoughts are that the multiemployer welfare fund (the covered entity) can provide the information under the Required by Law exemption and the Health Oversight Activities exemption, pretty much the same as the group health plan provides the data for the CMS Program to the employer in the non-multiemployer plan case. I have not found anything from HIPAA or CMS that specifically verifies my thoughts, but I feel that it is unlikely that HIPAA can (or is intended to) block the CMS Data Match Program. And if you, who usually knows the answers to these kinds of questions, is doing the asking, I'm not sure who to would know. But I'll be watching for the answer.

Relax, folks. The forever standard applies to plan sponsors, yes? TPA's pitch stuff as they wish or need to, unless they've agreed to something in their contract with the plan sponsor, or they do fiduciary things and want to cover their own butts.

From this plan sponsor's point of view, the only burden, if you can call it that, is finding an appropriate place to store files (pretty easy) and not throwing the files away (easier still). That's been far less burdensome than if we had not had answers for former participants who have asked about whether they still have some benefit coming.

Found one. I'll bet there's more. Good luck to plan sponsors who aren't worrying about 20 years from now. I hope they read BenefitsLink and get the message.

Poje Poje What are we going to do? We're half crazy Waiting for songs from you. We don't need a stylish showing When pension woes are growing. We tap our feet And feel the beat Of the pension plan Songs by you.

Guess I'd start with the employer and see if they have a copy of an account statement showing the payout, or maybe a copy of the 1099. Would the IRS have a copy of a long-ago 1099? Just some ideas. Good luck. And besides keeping plan records forever, plan sponsors need to be vigilant in requesting (for their own files) copies of documents they may need 20 years from now.

Looks like the cost to distribute is more than the distribution amount. See post #2 here: http://benefitslink.com/boards/index.php/topic/40611-excess-match-deminimus-distribution-of-50/?hl=deminimus

The third topic here: https://www.medicare.gov/sign-up-change-plans/when-can-i-join-a-health-or-drug-plan/special-circumstances/join-plan-special-circumstances.html#collapse-3206 says: I have a chance to enroll in other coverage offered by my employer. What can I do? Drop your current Medicare Advantage Plan or Medicare Prescription Drug Plan to enroll in the private plan offered by your employer or union. When? Whenever your employer or union allows you to make changes in your plan So, it looks as if you can do it mid-term if your employer's plan allows for the special enrollment period.

One person around here thought of the possibility that the form might not be accepted on e-filing, but she and I both think that that's an unlikely event. And if there is a formating problem, just erase the unwanted answers and re-file. As to having records for future defenses, it would be interesting to know if the computer will read the answers and file them when they are provided, or if the computer will simply ignore those questions and any answers provided. In any case, it's probably wise to prepare to answer the questions next year.

Hey! What part of the command "should not complete these questions" don't you understand? Besides being held up to ridicule, you could be subject to as-yet-unspecified monetary penalties for disobeying the rules. I'm with BG ... Yay!

I see Tom Poje, and I want to hear his song. If I can have a laugh, the day won't seem so long. - from painting the Doors

be there? ... well ... I'll be there! To recommend funds for free-ee-ee. You won't know What those funds are paying me-ee-ee. - The Four Fiduciary Tops

Reminds me of the scene where Kirk says something odd, to which Spock replies, "I can't believe my ears, Captain." Kirk comes back with "I can't believe your ears either, Spock."

I'm used to seeing it as the vested account balance, although that may or may not include rollover contributions (see what the Adoption Agreement specifies). This should all be spelled out in the Plan Doc and Adoption Agreement.

Don't know if there's enough information in this to help you, but here's someone who has done it for a client: http://sesadvisors.com/about-us/esop-case-studies/addressing-excess-cash-in-an-esop-s-corporation It looks a bit complicated, which means that it might be wise to find an expert to help you.

Hey, Kyle. Please see the edit at the bottom of post #1, OK?

Shouldn't a plan sponsor understand banking (or hire a banking expert advisor) before offering to administer loans? (Sorry for ranting. I couldn't hold it any longer.)

Item 25 here: https://www.irs.gov/Affordable-Care-Act/Employers/Questions-and-Answers-on-Employer-Shared-Responsibility-Provisions-Under-the-Affordable-Care-Act and this: https://www.eidebailly.com/services/health-care-reform/look-back-measurement-safe-harbor-and-95-coverage-requirement/ appear to be saying that you look at it each month if you are not using look-backs.

Aren't all things ACA determined on a month by month basis? You have to watch work hours vs. ACA-full time like a hawk and be prepared to offer coverage. If ACA-full time "accidents" are likely to occur, it may be better to use the measurement and stability period approach.

Wouldn't it be great if participants watched over their accounts and promptly reported irregularities? Time for the Plan Administrator to review enrollment and election procedures to add a way to document what they think the participant has elected, for everyone's reference 8 years later. When participants are first enrolled, send them a notice of what the plan thinks their deferral election is, and send another notice whenever participants change their election. Let participants know that they should expect to receive from the Plan a confirmation of any election changes they make. One could even send fresher notices to the participants each year: "Our Plan records show that you are currently electing to defer n%, which is reflected in the deductions on your paycheck "stubs." If you believe that this is incorrect, please promptly notify us in writing. If we do not receive your written notice within 30 days, this deferral rate will be deemed to be correct." Kind of a PIA, but serves as a CYA, too.

for example, as discussed here: http://benefitslink.com/boards/index.php/topic/40874-non-spouse-rollovers/

A non-spouse beneficiary can elect a rollover, but only to an inherited IRA. So, it must be rollover eligible, and therefore, subject to 20% withholding if taken in cash. Don't have cites handy.

to paste, you have click on the little switch at the left of the toolbar above the reply box. Then click the switch again to get all the editing controls back.

is this any help? https://complianceadministrators.com/ppaca-preventive-care-coverage-requirements/