Bri

You're not going to just amend to "turn off" the Roth going forward? Does the W-2 for the employee show Roth deferrals, or pre-tax? I'd go in under VCP - tell the IRS, hey we never expected there to be Roth, nobody (other than this guy) even asked about it, etc. If all your other documentation supports the fact that the document was done with the mistake and there was no other expectation, they might give you the okay. I guess there's some difference to the appeal you'll make, depending on the rest of the fact pattern regarding how those amounts did go in.

I did just take advantage of the email address for PRA comments to the DOL embedded in those extra paragraphs. They got a small chunk of my mind, but hopefully not too big a slice.

Okay, but then how does that reconcile with Mr. Gulia's discovery above that the Federal Register version does NOT include the PRA statement?

The link from the DOL's site itself featured this, and ASC's online portal to generate the notices included the PRA statement as well. https://www.dol.gov/sites/dolgov/files/EBSA/.../form-sar-pension.docx So perhaps it was the DOL's requirement on their sample to include the PRA statement, but it wasn't supposed to be picked up by a software vendor as part of the actual notice? (I can only get so intrigued by the topic, of course....)

And of course, if he's a terminated participant, the real question is whether he terminated prior to the year he attained age 55.

You should double-check the language to see if it says the employer WILL make a 3% contribution, versus MAY make a 3% contribution pursuant to a supplemental notice issued 30-90 days before the end of the current plan year.

So hey, anyone see this new addition of a Paperwork Reduction Act notice to the DOL's model Summary Annual Report? Not sure how half a page of unrelated text reduces paperwork. Also.....is there a deadline where this becomes mandatory? It's enough of a slog to get an SAR to fit on one page after it's been generated by our software. I feel like deleting it until something more obvious and official dictates it has to , has to, be in there. What say the rest of ya? Thanks! --bri

So it's 5.5/12ths of 30,000. Seems straightforward, now..... Holy crap this question is 20 years old.....

Someone could be transferred to an ineligible class of employees, and have no current balance under the plan. Like if you start at Division B on 1/1, which isn't eligible for the plan. And you have no past balance from when you worked at Division A.

I suppose you could follow the standard missed-allocation rules that would apply if ANY eligible employee were skipped over for an amount due, no? (In which case I agree with the earnings-after-day-90 thought you had there.)

The plan sponsor is basically tasked with rewarding its employees with the extra amounts per the Davis-Bacon rules. Sometimes that means additional wages, sometimes it means additional benefits like health or retirement. When the D-B obligation is met via additional wages, then sure, they're on the W-2. If they're used to provide plan benefits instead, then they'd not be wages. So in your case, it sounds as though their regular wages and total D-B obligations come to $2,000 for the week. In that case, if $200 is going to be used for a plan contribution, and notwithstanding the use of the D-B for any additional welfare benefits or what-have-you, then $1,800 would be the wages component that'll eventually reflect on their W-2 at year end. And if your deferral definition of compensation includes full wages, then you'd want to apply the employee's election on the $1,800.

I only meant to combine the two parts of the argument, first that the loan requires 5 years, and second where it defines a grace period. "For purposes of section 72, a deemed distribution occurs at the first time that the requirements of Q&A-3 of this section are not satisfied, in form or in operation. " The loan didn't fail 72p because the loan had an actual term longer than a 5-year term, so I'd argue that it failed 72p only then when the level amortization (of 72p2C) went out the window, but that only occurs as of the end of that cure period.

I'd think you can combine them on part 1, no? The final loan payment was due within 5 years, and each payment (including the final one) has its own grace period for timeliness. I think A-10 in the 1.72(p) regs is good enough for that.

I gotta agree. Clients don't typically self-report a single number for the asset value, but will give us asset statements for 12/31. My one plan with gold kugerands gives me a unit value as well as the total value.

I think we're really illustrating the distributive property: 3% x (pay 1 + pay 2 + pay 3 + ... + pay 52) = (3% x pay 1) + (3% x pay 2) + ... + (3% x pay 52)

I'm under the impression that if you get the 5500-EZ out by December 31, 2019, they'll let you use the 2018 form, but if the calendar flips to 2020 then you have to wait for the IRS to release the 2019 form.

Well, what rate would you deem him to benefit at?

I would think it's 180 days on the high end for 402f purposes these days, no?

And the participants should be issuing their checks to the PLAN rather than the company. Certainly a company that big has checking accounts for its plans and would never mingle plan assets with their general assets.

Perhaps not, although the relative facts and circumstances are always in play. That usual 20% rule of thumb seems not to be a problem, though.

Match and nonelective weren't late, unless there's an operational error based on text in the plan document requiring those deposits to be made immediately.

I think that's all you can do - let the employees know the safe harbor rules can't apply, but you will keep the match you already got. (Does the other-allowable match come with a vesting schedule, though? May want to amend to fully vest the amounts already gone in erroneously, if you have the ability to track it.) --Bri (another BG who happens to love the 5150 VH album, and likes Bart but not to the point of making him my avatar!)

On the bright side, if the payroll was run for Christmas, you may be able to argue the "lateness" of the deposit didn't start until early January 2018, so this could be one year's 5330 instead of two to prepare.

Well, termination of employment is a distributable event under the regulations. Of course, the plan would still have to allow for distributions that soon after termination. As to whether or not they get full vesting, that's going to speak to the partial termination rules for a plan, and will depend on the actual number of folks affected by the shutdown relative to the plan as a whole.

The plan document should determine when an employee may enroll. Or when they may change their election (0% as of 7/1, but 4% as of 7/15). A fun case is when the document alludes to administrative procedures, in which case the plan administrator can decide whether 7/15 would still be okay :) (on a non-discriminatory basis, of course!)