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Posted

This is an old 401k plan that offers insurance to participants.  Over the years, a handful of participants have opted into it, but they've all come and gone... except for the owner (who is age 70+).  Do I have a problem now that the only participant in the plan with insurance is the owner?  If not, does that answer change if we stop offering it to new participants?  Seems like a BRF issue looming...

Thanks!

Posted

Is this a life insurance contract? Or an annuity contract? Or something else?

Does the contract require continuing premiums? Does the contract permit further premiums?

If there is a choice, does the participant want to pay further premiums?

Peter Gulia PC

Fiduciary Guidance Counsel

Philadelphia, Pennsylvania

215-732-1552

Peter@FiduciaryGuidanceCounsel.com

Posted

Regular life insurance (don't recall if it's whole or term, but I don't think that matters).  Premiums are paid annually; we carve them out of the ER contribution deposit.  The participant (i.e., the owner) doesn't want to pay them personally at all.

Posted

Consider whether the opportunity to buy life insurance is a “right to a particular form of investment”, and so an “other right or feature”. 26 C.F.R. § 1.401(a)(4)-4(e)(3)(iii)(C) https://www.ecfr.gov/current/title-26/part-1/section-1.401(a)(4)-4#p-1.401(a)(4)-4(e)(3)(iii)(C).

Consider whether a life insurance death benefit is an “ancillary benefit”. 26 C.F.R. § 1.401(a)(4)-4(e)(2) https://www.ecfr.gov/current/title-26/part-1/section-1.401(a)(4)-4#p-1.401(a)(4)-4(e)(2).

One might be reluctant to preserve the opportunity to pay life insurance premiums only for participants who began the contract before the plan-amendment date if the only participant who fits that description is a highly-compensated participant.

Isn’t it simpler to continue the life insurance opportunity for all participants, or all non-severed participants?

This is not advice to anyone.

Peter Gulia PC

Fiduciary Guidance Counsel

Philadelphia, Pennsylvania

215-732-1552

Peter@FiduciaryGuidanceCounsel.com

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