Bill Presson

Always do the right thing. In addition, be willing to help the client (or the accountant) solve their problem but never let their problem become your problem.

I recommend speaking with your CPA or financial planner.

Once money is rolled into the plan, it’s rollover money and it doesn’t matter what it was in the other plan. Our plans (almost) always allow participants to take a distribution of rollover money at any time. Read the document and it will tell you.

You need to ask the IRA custodian what they do. But I still think you fix the problem and avoid how things are reported later on.

You need to have it fixed now and not wait for some distribution later.

It’s a plan document issue. Read the document and you’ll have your answer.

Loans only have to meet the 50% criterion at issue. After that, it’s irrelevant.

And I would assume it resides with the employer until the "negotiation" is resolved with Voya.

i get this strategy, I'm just questioning the age at which it's being done.

No, ma’am. He paid tax on the conversion but he didn’t take a distribution based on the 12/31 balance. So he still has to do that. I’m a little baffled at the tax strategy of someone taking RMDs doing a Roth conversion, but that’s not my call.

I’m not where I can look up a bunch of stuff, but related to item #1, I can’t imagine anyone agreeing to benefits and wages as part of a collective bargaining agreement and not knowing exactly what that agreement said and where a copy was kept. What a stupid way to run a business.

But to get that waiver, the distribution has to be a taxable distribution. If the money is rolled to an IRA, the exemption is lost. Might need to be a lump sum distribution (as opposed to partial) but I’m not where I can look that up.

Compensation limit is based on the number in effect for when the plan year begins. 415 limit is based on the number in effect for when the plan year ends.

Jak, I'm not a CB expert, but I'm pretty sure you can still have an effective date of 1/1/2024 and a calendar year limitation year which would eliminate all the proration you're discussing.

It can be distributed in-kind to an IRA custodian. There are specialty custodians that will handle that across the US.

I think you should hire a TPA that knows what they're doing so you don't get bad advice and get in big trouble down the road.

I think they misunderstand the cure period. The end of the quarter after the missed payment is the time to have all payments caught up. Not just the missed payment. https://www.irs.gov/retirement-plans/issue-snapshot-plan-loan-cure-period

If it's discovered under audit, I think you are looking at Audit CAP and not VCP.

It’s a classic PT.

Make a profit sharing contribution that passes the a4 tests.

Why are those few months really needed? Can’t we all just wait until January 1?

I've been pretty critical of some professionals on here, but I think the "I am a Law Student" would allow for a bit of grace, perhaps? I realize we aren't here to give free advice to outsiders in divorce situations, but no need to answer if you weren't feeling it.

Also depends on what your document says about how to correct the failure. Some give specific instructions and some are silent. You should prefer the document be silent. That way you have all the options available.

I agree that it’s a better solution but I don’t like it. It’s only better because it’s outside the plan.

My primary concern is not with a divorce lawyer that doesn't understand retirement plans, but one that apparently won't even acknowledge it and bring in someone else. It's just ridiculous.