thepensionmaven Posted May 11, 2020 Posted May 11, 2020 My client (P.C.) was reading an article that mentions utilizing the PPP loan to fund defined benefit pension contribution "CARES Act 2020: Paycheck Protection Loans as Funding for Defined Benefit Pension Plans Sponsored by Small Businesses" I don't see anything either in CARES Act or PPP Information Sheet that would lead someone to come to this conclusion
Mike Preston Posted May 11, 2020 Posted May 11, 2020 Where is the article published? Or do you have a link?
Effen Posted May 11, 2020 Posted May 11, 2020 Until we get some regulations, I don't think anyone knows for sure. The Cares Act didn't specifically exclude defined benefit plans, the question is how much of the contribution can be satisfied with the loan. 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.
thepensionmaven Posted May 11, 2020 Author Posted May 11, 2020 Mike, here's the link. https://www.bpas.com/blog/cares-act-2020-paycheck-protection-loans-funding-defined-benefit-pension-plans-sponsored-small-businesses/
CuseFan Posted May 12, 2020 Posted May 12, 2020 The PPP Q&A seemed to indicate it is allowed and Marty Pippins said as much in an article posted on ASPPA site. Retirement contributions are considered payroll costs and DB contributions were specifically mentioned with DC contributions as not subject to the $100,000 of pay limitation. What is not clear is whether any and all DBP contributions made during the 8-week post PPP receipt window could count as payroll costs. As this is quite a gray area absent any more guidance, we suggest if any of our clients are interested in pursuing that they consult their accountant, attorney or both. One thing that is certain, an unincorporated sole proprietor cannot use PPP top fund retirement. Kenneth M. Prell, CEBS, ERPA Vice President, BPAS Actuarial & Pension Services kprell@bpas.com
Mike Preston Posted May 13, 2020 Posted May 13, 2020 19 hours ago, thepensionmaven said: Can I ask which one. Funding on 401(k) using PPP loan Found here:
401 Chaos Posted May 26, 2020 Posted May 26, 2020 Just curious if anyone has seen or heard anything additional on this issue? We have a client that has come across the same bpas article. (It's helpful that they include cites to all their reference material, just wish somewhere I could find an express statement supporting their suggestion.) In this case, I believe there may be "extra" PPP money because of reduced payroll costs (furloughed employees) so thought would be to use all the additional PPP loan amount above current payroll cost to help fund the underfunded DB plan.
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