In House Counsel Posted December 6, 2024 Posted December 6, 2024 We have a DB plan that inadvertently paid a lump sum to a "restricted employee" (i.e. one of highest 25 paid) without first meeting the conditions of Rev Rul 92-76 (eg putting money in escrow, pledging additional property, securing a letter of credit). Any ideas what an acceptable correction method would be?
Effen Posted December 6, 2024 Posted December 6, 2024 Short of clawing it back, I don't think there is anything you can do to "fix" it, but you could take action to mitigate the issues. Is if possible to make a contribution so that the plan is 110% funded? Would they sign a letter of credit now. You could pressure them to assist with some correction by threating to report is as an improper distribution that was not eligible for rollover. Bill Presson 1 The material provided and the opinions expressed in this post are for general informational purposes only and should not be used or relied upon as the basis for any action or inaction. You should obtain appropriate tax, legal, or other professional advice.
CuseFan Posted December 6, 2024 Posted December 6, 2024 Agree - either get the distribution back, contribute enough to make the plan 110% funded, or satisfy one of the other exceptions (which I have actually rarely seen in practice). Bill Presson 1 Kenneth M. Prell, CEBS, ERPA Vice President, BPAS Actuarial & Pension Services kprell@bpas.com
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