Bill Presson

If it’s overfunded, why is the money still invested?

I would recommend ERISA counsel immediately. We’ll help with missing restatements but not the lack of actually establishing a plan.

The document will specify.

Rollover money never counts in the incidental test. “Seasoned” money is a euphemism for the ability of a plan to allow distributions of profit sharing money held in the plan for two years. You get out of the incidental test because it’s taxed just like any profit sharing money distributed after two years. The insurance companies like to cloak that aspect.

Rollovers don’t count in the incidental test. That means your premiums have to be less than 50% of nonrollover funds. You don’t get to ignore the test by paying with rollover money. Also look at the document. Many say the insurance must be surrendered at retirement age.

Don’t let someone that’s never done anything with a retirement plan intimidate you.

Yes ma’am. There is no attribution under 1563 between the father and the son under the circumstances you describe.

You’ve received plenty of advice above so I’ve got nothing to add to that. But kudos to you for wanting to do right by your ex. That’s not very common in the QDRO messages from regular people.

Have the plan sponsor return the money to the advisory firm and have them reissue a check (or ACH) to the plan.

Just use Penchecks Trust for all the distributions and you don’t have to worry about it.

The one year delay only applies to starting a 401(k) after terminating a different 401(k). Using a 401(k) in the scenario you describe is very common.

Ahh. Didn’t realize you meant two plans with the same sponsor. I’ll be curious to see others thoughts.

Jak, I’m confused about your concern on the look back definition of an HCE. To me, that’s just the standard way of determining an HCE.

I’m not aware of anything they can do treating an ER contribution as Roth that they can’t do by electing a Roth conversion. Unless I hear of some wonderful feature, I’ll continue to have clients do the latter and ignore the former.

Ms Gina, bless your heart and good luck!

Can a plan require 150 hrs in a month? I thought it was limited to 83.33.

I would just pay it all out. Covers the RMD and isn’t a burden from a tax perspective.

Jak, First - it would have to be in the document before the start of the plan year. Second - all depends on the numbers and we didn’t get any. Third - if the owner has w-2 in excess of the comp limit even after the bonus is excluded, the answer is very likely that it would fail.

For the calculation, no. For understanding the calculation and not screwing it up that one year the w-2 IS lower? Yes.

Assuming your post is accurate, the w-2 comp from the s corp is the only earned income for the docs and the person saying otherwise is wrong and needs to start over in pension school.

It’s not safe harbor meaning it eliminates ADP testing. Just means no a4 testing on the profit sharing allocations. The deferrals have no impact on the PS allocation. It will be something like: 1. everyone gets equal percent up to 5.7% on all compensation 2. Then anyone with compensation in excess of the TWB gets 5.7% of that comp that doesn’t exceed the max limit. 3. then any remaining PS money gets allocated pro rata for everyone. this assumes all eligibility and allocation requirements had already been applied.

It is a “safe harbor” allocation meaning there is no a4 testing. The allocation steps will be in the document.

Link updated and happy to have it still. I liked the acknowledgment of Ms Carol’s contributions on the page. Well done Bakers!

Dave, It works fine and I’ll update my icon/link. I did really like the button she had at the top to choose how many years or what years to show. But this will still be a time saver. I really appreciate y’all taking it on and Ms @Carol V. Calhoun for being gracious enough to allow it.

BTW, my wife just said you becoming a volunteer EMT at retirement age is one of the coolest things she’s ever heard.