k man

We are a TPA to a plan where the plan sponsor is not forwarding deferrals to us. Due to the fact that we are a fiduciary and trustee to this plan, what course of action can we take to protect ourselves from liability?

A participant with an outstanding loan files for bankruptcy and the plan has received a proof of claim. how do we treat the loan this point?

What action should a plan take if a participant who has an outstanding files for bankruptcy? The Plan received a proof of claim from the bankruptcy court. Should we declare the loan in default and give the participant a 1099?

We do the same thing. However, I was wondering whether the SEC or DOL had a requirement for how quickly trades needed to be processed in a participant directed account or other retirement plan.

The gist of my concern is that with markets being so volatile and people becoming more knowlegeable we are seeing more people attempting to time the market and buy and sell because they think something is going to happen. I am concerned that we will not be able to process trades one day and the participant will have a certain expectation to be made whole. Of course, we have clearly defined administrative cutoffs as well.

Is there any SEC or DOL guidance on the timing of the processing of trades received in a daily valuation environment? Put another way, is it permissable for a daily val. recordkeeper to have blackout periods at the end of a quarter where they don't allow trading or have cutoffs at a time during the day prior to the market closing?

Is there any SEC or DOL guidance on processing mutual fund trades in a daily environment? The main issue I am concerned with is whether the daily recordkeeper can not process trades received say at 3:00 p.m. from the participant for various admininstrative reasons.

We have taken over a Plan that currently uses the Elapsed Time method of crediting hours of service. Our document, however, only allows for acutal or the equivelancy method. what if any would the impact be of swithing the plan over to the actual method mid plan year? Should something like this be done at the start of the Plan Year?

Who gets the money when an IRA beneficiary designation conflicts with his Will which says that someone else should get money?

In the case where an IRA beneficiary designation conflicts with the decedants Will, what controls, or who gets the money? I tnink it is the IRA beneficiary but I am not sure.

Ok so what are the valuation requirements for illiquid, non-publicly traded stock in a 401(k) or Profit Sharing Plan? I am dealing with a Plan that is not an ESOP but contains employer stock. Do the trustees need to follow the requirements of 401(a)(28)© and have a valuation conducted by an independent appraiser?

i was aware of the difficulty of administration but I wanted to confirm that the forfeiture of the match did not violate any rule that i was not aware of. thank you.

Is it permissable for the employer to require that the employee be employed on the last day of the plan year if the employer makes the matching contributions over the course of the plan year instead of making the match at the end of the plan year?

i was aware of the QDRO opinion and thought it would be a stretch to extend the foot note to distribution fees. I like the argument about the last man bearing a disproportionate amount of the costs. So long as the DOL does not take a definitive stance on this, that might be the best argument to use.

Has the question ever been resolved whether or not participants can be charged a distribution fee upon leaving the plan. there seems to be mixed opinions on this. some people contend that the DOL prohibits this cost being charged to participants and that it should be spread evenly among all participants. others say that the participant can be charged.