ratherbereading

I think the key words are: may be amended. It sounds like the safe harbor feature is the flexible safe harbor, which means your employer can choose each year whether to make it. Did you get a notice around November of last year stating the company would not be making a safe harbor contribution for 2017?

I did have a plan a long time ago where a participant's wife was convicted for his murder and she was the beneficiary. The money was paid to her.

Going to ignore your condescension and snarky reply-- you're from Mass which explains it. I merely ASKED if rollover money was involved. Just because he didn't mention rollover money doesn't mean it wasn't involved. Further, are anyone's comments any of your business? Sheesh.

Hope it helps!!

Maybe the link at the end will help. And to answer #2, yes they would be 100% vested if it really is a true partial plan termination. Why wouldn't they be? As a college professor said once about fairness in life, "The fair is on 38th street." But really, you only have the employer's word saying they were dishonest. I have a plan who has a participant who was fired for attempted murder and he got a distribution. https://www.irs.gov/retirement-plans/retirement-plan-faqs-regarding-partial-plan-termination

Hmmm. Not sure what your point is... Our documents allow participants to take a distribution of their rollover source regardless of age and employment.

Does he have rollover money? Our plans allow participants to withdraw their rollover money anytime.

We do our 5500s on an accrual basis, so the 2017 contribution goes on the 2017 5500 no matter when it was made. The bigger question is why is anyone on here on a weekend??? That's awful!!!

No, the interest rate is not hard coded into our documents.

The participant was a NHCE and the interest rate was a small amount higher.

This happened to one of my plans and we left as is. The plan was stuck with the terms, incorrect as they were.

I don't think you can change the terms of the promissory note that the participant signed even if the plan requires a different interest rate because the note is a contract between the plan and the participant.

This was really interesting. I've been doing this since 2001 and have never had to provide a memo to the trustee, just an email with the report.

I've never heard of the Padilla memo. When our TPA provides the allocation to our clients, our software splits everything up between 401k/PS/Safe harbor. That's what we give to our client. Same procedure in the last TPA I worked for. Usually my client is also the trustee.

99% of our documents don't have an auto rollover option- -participants are cashed out if their balance is $200 or less. Our $125 fee is taken out of that. If our fee eats up their balance, they get zero.

The TPA I work for charges $125 per distribution regardless of the balance since that is what's noted in the fee schedule. So if someone has a balance of $100, it all goes to the distribution fee. Hope that helps.

Is the match discretionary? If so, they aren't obligated to make it even though they promised. If employer contributions are deposited more than 30 days after the federal tax return due date, these contributions will count toward the 404 (I know you said that's not an issue) and 415 limit for the following year. If the employer contributions are deposited after the federal tax return due date, the 404 and 415 limit could need closer review and potentially be problematic

Not my call. I don't own the TPA for whom I work.

What actually makes them nightmares is multiple loans and clients who make incorrect payments or no payments. I encourage my clients not to include loans. People need to manage their finances!

I have a question on #3 -- excise tax is not paid to the plan, it's paid to the IRS on the Form 5330, so not sure what you're asking. Also, our TPA is very strict about not using the DOL calculator unless the late deposits are being corrected through the VFCP program.

This is why loans are a nightmare and shouldn't be offered in a plan!

I would say yes because it's a new hardship.

Thanks all!

Yes, I guess I am!

I have a plan with one owner (dentist) and 5 participants. Each year they do a profit sharing and a safe harbor contribution. The money is at LPL Financial and each participant receives their own statement and they cannot direct their investments. The dentist prefunds the profit sharing and safe harbor contributions during the year by depositing the funds into his own account. Every other year it seems, they fail to transfer the participants' profit sharing and safe harbor amounts out of his account. The participants are clueless, and in the meanwhile, the owner is getting an unfair advantage as fair as gains. I have tried telling them they need to prefund it into a plan checking account, not into the owners account, but so far they are ignoring me. Any ideas on how I can convince them not to do this?