djhpro

Employer allows union employees to donate unused PTO to a bank from which other union employees can apply for a withdrawal from the bank if they have exhausted their own PTO and have a medical event causing the need for time off. Union has a committee that reviews/ approves/disapproves requests which must be supported by a Dr.'s opinion of the length of leave that is needed. Is this type of plan considered an ERISA plan? Employer wants to know as a result of the new regs. re: procedures required when an employee of the company makes the determination re: who is disabled.

Client had decided to terminate its Multiple Employer Plan which has been undergoing a DOL Audit for 2 years. Reason for terminating is unrelated to the audit. Is it advisable to proceed with termination during an open audit? Any potential ugliness if proceeding before the audit is closed?

I'm reading that the IRS Rule in the Fed Register on 1/18/2017 allows plans to apply forfeitures towards safe harbor employer contributions. The Rule has many cross references and directly addresses QMAC's and QNEC's as now OK to be funded with forfeitures. Has anyone analyzed? Do you agree that safe harbor contributions can now be funded with forfeitures?