Mike Preston

The fail safe language in the plan is specifically for 410 (b). An 11g amendment can correct not only 410(b) but 401(a)(4). It is too late to correct a failsafe provision for 2020. It is what it is.

That doesn't pass muster, Bob.

Please confirm why you are PBGC exempt. I might have missed where you defined whether or not you are a corporation.

I don't understand your question. Did you mean to say "do not"?

It's an MEP.

Especially when you have multiple plans in a singular trust. That is, the XYZ Inc retirement trust.

I think it goes away in 5 years. Anything before that requires an erisa lawyer.

Call 877-829-5500 and ask them.

I'm on Android. So if you get it to work, let me know. On my desktop as I said I can use the mouse to find the little circle without difficulty. The problem with Android is that there are so many browsers I can't imagine it working. Thanks anyway!!

When using a mouse, as when using a desktop, that works. Thanks. However when using my phone the little circle is too little. maybe my fingers are just too fat. In any event I would like the option reversed where the little circle takes you to the top anywhere you select the title takes you to the first unread message. I can dream right?

Good to hear from you, Andy!

Never file the delinquent return more than once, unless specifically instructed to do so by the IRS. You can follow up with the IRS by telephone at 877-829-5500 once you think you should. The folks there will direct you on what to do.

5 year cliff?

Can we set focus to first unread rather than top of topic?

I think you'll find that 404 traces back to 401. I'll let FORMER address your "not if each.." supposition.

I disagree with both substantive responses in this thread. First, FORMER, while it is clear you are correct that the two DC plans are aggregated, the 31% is the limitation only when 404(a)(7) applies. If there were no DB contributions (something you seem to be assuming, although that would be a very unusual thing to assume in the context of this discussion) then 404(a)(7) doesn't apply. In which case the limitations are 25% for each separate DC plan. 31% doesn't enter the discussion. Of course, the 25% is subject to both limitations of 415 and 401a17. The OP is genuinely misleading in that it uses "cash balance & profit sharing plan (limited to 6%)" which should read "cash balance & profit sharing plan (where the cash balance plan has a substantial contribution and where the profit sharing plan is limited to 6%)". I think you are interpreting it to read "cash balance & profit sharing plan (where the cash balance plan has no contribution and where the profit sharing plan is limited to 6%). I just don't think that is a reasonable interpretation. B21, you state: " I don't think the controlled group rules apply to Sec 404(a)(7) deduction code." A cite?

You started out okay. But your conclusion is inconsistent.

You are good. Employer can NOT say "nope", arbitrarily or not.

Yes, but as pointed out in future messages things are more complicated than that.

Can't be correct. Need something addressing PBGC.

If all is as you say, then the plan will need to follow the terms of the QDRO and pay you what you are entitled to. If this means that they overpaid your ex then that is a matter between the plan and your ex. The fly in the ointment is that you may need a lawyer to convince the plan to do the right thing. But I'd start with making a claim for your benefits and seeing where that gets you.

Rotflmao

Just as accurate.

Keep us posted!

Don't see why not.