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Posted

I'm using https://www.askebsa.dol.gov/vfcpcalculator/

Please correct me if I'm doing this wrong. First one on 04/15/2022 is when they took 99.61 out of the persons check and had a match which was also amounted in 99.61 which equals = 199.22)  The company then paid 199.22 into the 401k account on 8/30/2023 and the final payment shows in adp it went through on 8/30/2023. Please see attached screen shot.

 

Edit: what is the difference between Recovery Date and Final? I did read the instructions but need this dumb downed for me.

Screenshot_2023-09-21 VFCP Calculator.png

  • 401krepays changed the title to Am I do this right? (using 401k calculator for missed payments)
Posted

The VFCP calculator is used to calculate the correction under the DOL's Voluntary Fiduciary Correction Program. Is the sponsor actually filing under VFCP? If not, the VFCP calculator should not be used.

Late deposit of employee contributions is a prohibited transaction, but late deposit of employer matching contributions is not (although it may be a self-correctable operational failure). So you would only include the deferrals in the VFCP calculator, not the match.

The recovery date is the date that the principal was deposited. The final payment date is the date that the lost earnings will be deposited. The final payment date takes into account the earnings on the earnings, so it should be a date in the future when the amount determined by the calculator will be deposited.

Free advice is worth what you paid for it. Do not rely on the information provided in this post for any purpose, including (but not limited to): tax planning, compliance with ERISA or the IRC, investing or other forms of fortune-telling, bird identification, relationship advice, or spiritual guidance.

Corey B. Zeller, MSEA, CPC, QPA, QKA
Preferred Pension Planning Corp.
corey@pppc.co

Posted

I apologize for being a newbie.

Basically what was happening is since 2019 the employer was taking out a certain amount of the employees check every month which amounted to 99.61 and the employer matched the 99.61 every pay which equaled to 199.22. The employer just only recently started making deposits and still owes the employee money from 2021, 2020, and 2019. The employer is telling the employee that they do not owe any interest. Basically I am trying to find that calculator and figure out the correct amount.  This is the for the state of Ohio if that matters any.

So if I am understanding you correctly I am doing everything right but the $199.22 should actually be $99.61 correct??  (Im sort of hazey on your answer and I am more of a example type of a person.) Or is there another calculator somewhere that does both?

Also how do I find out where the "VFCP" ?  The payments were made through "adp" that was setup.

This is what I originally found https://www.dol.gov/agencies/ebsa/employers-and-advisers/plan-administration-and-compliance/correction-programs/vfcp

 

Again sorry for the questions and the ignorance, I am trying to learn this so I understand how it works, I appreciate the patience.

Posted

No need to apologize - we all had to start somewhere. Although, given the seriousness of this situation - the employer apparently held on to all of the employee's contributions for 4+ years, if I am understanding you right - you might want to work with an ERISA attorney, or at least a plan professional who has experience in complex plan corrections on this. Casual advice offered on a message board might not be the best fit. Others may disagree, but I am thinking that the fact the employer just kept all of the employee's money for this long of a time may cause this to rise to the level of an egregious failure, which is not self-correctable.

Late deposit of employee contributions is a prohibited transaction, which is subject to an excise tax under IRC sec. 4975, and is also a breach of the employer's fiduciary duty under ERISA sec. 406. On top of this, it is also a plan qualification failure. Some practitioners will correct the qualification failure by using the IRS self-correction program, and paying the excise tax to the IRS, then considering the fiduciary breach to be solved. Others prefer to formally correct the fiduciary breach by filing with the DOL, which is also deemed to satisfy the IRS's correction requirements. Both methods require the participant to be credited with lost earnings; the DOL method allows the use of the calculator on their website whereas the IRS requires earnings to be credited at the plan's actual rate of return (in other words, you need to calculate what the contributions would have gained if they had actually been deposited on time).

Late deposit of the matching contributions is not a prohibited transaction, so there is no excise tax, but it also falls solely under the IRS's corrective regime, which means you have to use the actual rate of return.

Free advice is worth what you paid for it. Do not rely on the information provided in this post for any purpose, including (but not limited to): tax planning, compliance with ERISA or the IRC, investing or other forms of fortune-telling, bird identification, relationship advice, or spiritual guidance.

Corey B. Zeller, MSEA, CPC, QPA, QKA
Preferred Pension Planning Corp.
corey@pppc.co

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