ERISA13 Posted July 26, 2011 Posted July 26, 2011 A company maintains a Profit Sharing plan and has two co-owners (A & B). Co-owner B has 2 sons that also works at the company. Co-owner A steals a large portion of the plan assets and disappears. There is now a judgement against the plan requring the plan to make the affected participants whole. There is enough money remaining in the plan to make all the employees whole but co-owner B and his 2 sons want to just forfeit their account balances rather than the company having to replace those balances in the plan. My questions are: 1. Is this even possible for the company to not replace the portion of the plan assets that belong to co-owner B and his 2 sons? 2. If they forfeit their account balances do we show it as a distribution? Do they have to get 1099's? This is not a situation I've come across before and am looking for some ideas on how to handle. I appreciate any suggestions!
K2retire Posted July 26, 2011 Posted July 26, 2011 Has their fidelity bond carrier been contacted yet?
ERISA13 Posted July 26, 2011 Author Posted July 26, 2011 The plan did not have a Fidelity bond in place.
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