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  1. We have a Plan that allows for in-service distributions once a participant has achieved 10 years of service, at any age. Plan contribution sources are 401(k), Employer non safe harbor contributions, and Participant Rollovers. A participant who was under the age of 59-1/2 has received all of his employer and rollover monies and also some 401(k) monies which are restricted. Under EPCRS the correction is to take reasonable steps to secure repayment of the excess amount. We are assuming the participant does not have the capacity to return the funds. In that case, as the over payment to the participant was a premature distribution the employer is not required to make up the difference. It appears upon our initial review that a VCP filing will be necessary (and self correction not available). I would be very much in appreciation if anyone has any comments or thoughts.
  2. An employee was working for City A and was covered under a union contract hat provided she was an eligible employee for purposes of Plan X (a defined benefit plan). After ten years of service, Employee became a certified teacher and took a job with the Board of Education for (same) City A and is now covered under a statewide retirement system for teachers of State S and no longer an eligible employee for Plan X. Assume that her last day of work with the City was on Friday and she started teaching in the schools of City A on the following Monday. Did this employee terminate service with City A when she became a teacher or has she continued to work for the same employer and just stopped being eligible for Plan X? Must she wait until she retires as a teacher (totally leaving employment with City A or its Bd of Ed or any other subdivision or related employer) in order to commence benefits? The plan does not permit in service commencement of benefits. The plan (which is based on statutes, ordinances and collective bargaining agreements) has very imprecise language so it's really not helpful at all in determining whether or not she terminated employment. If anyone can point me to guidance on how to determine separation from employment or application of controlled group rules as may be applicable to governmental plans in such a case, I would be appreciative. Thanks!
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