Buffalo TPA Posted May 14 Posted May 14 We only administer a couple of non-governmental 457(b) Plans so i am far from an expert. in one of them a participant will be terminating soon and will be taking a lump sum withdrawal. Since the distribution is reflected on the company W2 should the funds be transferred to the company checking account and then run through payroll OR is it ok that the funds go directly to the participant and then the company just adjusts that person's W2 at the end of the year thanks
Carol V. Calhoun Posted May 14 Posted May 14 Absolutely! The money in a 457(b) plan is technically part of a "rabbi trust," which is treated for tax purposes as if it was owned by the employer. So if the money gets paid out of that trust, it's still the employer's obligation to report it on the W-2 at the end of the year. No need to have it make a pit stop in an account of the employer on the way out of the rabbi trust before going to the participant. Employee benefits legal resource site The opinions of my postings are my own and do not necessarily represent my law firm's position, strategies, or opinions. The contents of my postings are offered for informational purposes only and should not be construed as legal advice. A visit to this board or an exchange of information through this board does not create an attorney-client relationship. You should consult directly with an attorney for individual advice regarding your particular situation. I am not your lawyer under any circumstances.
John Feldt ERPA CPC QPA Posted May 14 Posted May 14 Technically the funds are company assets anyway, so either way should be okay.
Bill Presson Posted May 14 Posted May 14 I don’t work in this area but doesn’t the rabbi trust protect the assets from use by the employer for any purpose other than paying benefits? If so, wouldn’t transferring the assets to an employer account risk diversion? If I’m accurate on that, I would definitely recommend avoiding moving the money to an employer account. William C. Presson, ERPA, QPA, QKA bill.presson@gmail.com C 205.994.4070
Peter Gulia Posted May 14 Posted May 14 Consider also whether the employer prefers that a recordkeeper, third-party administrator, rabbi trustee, or another service provider tax-report the deferred wages. Peter Gulia PC Fiduciary Guidance Counsel Philadelphia, Pennsylvania 215-732-1552 Peter@FiduciaryGuidanceCounsel.com
EPCRSGuru Posted May 15 Posted May 15 I am not terribly familiar with this topic but I know that we have a signed agreement agreement with our 457(b) service provider authorizing them to report the distributions on a W-2. The funds are paid from the 457(b) account directly and do not pass through the employer's accounts. Eve Sav 1
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