Tom Posted October 11, 2017 Posted October 11, 2017 So after deferrals stop for 6 months, who is to initiate the re-start of elective deferrals? Seems the plan sponsor would monitor this and automatically re-start upon the expiration of the 6-month period. Or I can see asking the participant to complete a new election. Thoughts?
ETA Consulting LLC Posted October 11, 2017 Posted October 11, 2017 Could go either way; as long as it is properly communicated. Good Luck! CPC, QPA, QKA, TGPC, ERPA
Peter Gulia Posted October 11, 2017 Posted October 11, 2017 Some employer/administrators consider it safer to provide that a participant's instruction to stop elective-deferral contributions does not include an implied or presumed resumption, and to warn the participant (in the summary plan description and in the hardship claim form) that the participant must make a new election for elective-deferral contributions. Else, the employer/administrator might be vulnerable to some assertions that it should bear some responsibility for forgetting or neglecting to restart participant contributions. Peter Gulia PC Fiduciary Guidance Counsel Philadelphia, Pennsylvania 215-732-1552 Peter@FiduciaryGuidanceCounsel.com
RTK Posted October 17, 2017 Posted October 17, 2017 Don't forget to check the plan documents. The ones I draft typically provide that the participant must elect to resume the deferrals.
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