I have a nonprofit client with a 403(b) plan and all employees are eligible. The client is anticipating that its participant count will be over 100 at the next plan year end (we have informed them about the 120 count rule for the plan's first year at the large plan status). They have a logical organizational structure reason for splitting this plan into two smaller plans. Our firm has done this many times for 401(k) plans but this is the first situation which has presented itself in 403(b). Has anyone done this for a 403(b)?

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Employer paid two employees their profit-sharing plan distributions from the company's checking account. Any fix?

We have some employees that are already terminated and being paid over a five year schedule. Once payments have begun, is it too late to change the payment schedule? In other words, if we have a participant being paid over a five year schedule, can we change payment timing to delay payments until retirement/diversification? What about non-terminated employees? If our current policy calls for payments over 5 years, can we change the policy to change payment timing to be at retirement/diversification, or do we have to stick with the policy that was in place when they accrued their benefits?

I know very little about subchapter T cooperatives, but I believe they're not tax-exempt entities and therefore not subject to 457(f). Agree?

We took over this client in 2016, when this defined benefit plan used a directed trustee (XYZ Bank). Until 2014, the plan had used ABC Bank as the directed trustee; ABC Bank was an affiliate of mega-vendor DEF. In 2014 the client moved from Mega-vendor to local TPA and changed the trustee to XYZ Bank. In 2017 client terminated the plan, distributed all assets, issued 1099-Rs, filed a final 5500, etc. -- Now it's 2018 and we've learned that somebody dropped the ball back in 2014 and left about $900 at ABC Bank. The $900 belongs to about 12 different participants. Do we need to file a Schedule SB for the 2018 Form 5500?

Plan sponsor discovers in 2018 that a participant did not start payments on a June 2017 loan. With the VCP filing fee going from $300 to $3,000, the plan sponsor will treat the loan as a deemed distribution. The loan plus accrued earnings remains outstanding, but is the employer permitted to force the participant to begin making payments, or is that strictly voluntary on the part of the participant? If repayments are to start, is there any reason to re-amortize to keep the loan within the original 5 year payback, or can the original loan payments be started without adjustment, since the loan is already defaulted?

Participant terminates employment at age 69 and rolls her balance to an IRA before the end of the year. After the first of the year, the employer deposits a discretionary contribution to the account. Participant will be 70-1/2 in the year of the deposit. I know her RMD must be the first money out, but with a zero balance at the end of the prior year, I don't remember how to calculate it.

Can we change the distribution schedule for terminated participants? Our SPD provides that any changes to the Distribution Policy apply to distributions occurring after the amendment, even if your employment terminated before the amendment to the policy. Is that allowed? What about for participants in pay status? For example, I terminate (not retirement, death, or disability) and the Policy says I get 5 annual installments beginning at the end of the year following my termination. I receive two installments. The Policy is changed to 5 annual installments beginning at the end of the 5th year following my termination. How does the new policy apply to me? Since I have already received 2 installments, do I then just get 3 installments beginning on the last day of the 5th year? Or do I get 3 installments two years following the last day (i.e. I'm treated as having received the first two, so I just get the last 3)? Or can we not change the payment schedule for people in pay status once the first installment has been paid?

One of my 401k Profit Sharing Plans terminated as of 2/1/2018. A terminated participant with a large balance refuses to send his distribution paperwork back despite numerous follow-ups. Technically, the plan has one year to liquidate its assets, but the plan sponsor want to wrap this up. I can't cash him out and the plan doesn't have an auto rollover option. His balance is too big for that anyway. How to handle?

Say a self-employed individual wants to make a profit sharing contribution. I don't see a problem with transferring the contribution from his personal IRA, AS LONG AS it is treated/reported as a taxable distribution to him, and not treated as a non-taxable transfer/rollover.

We have a SERP, definitely subject to 409A, that pays out upon a change in control double trigger. A participant gets a payment if there is a change in control and within 24 months thereafter [1] the participant is involuntarily terminated, or [2] there is a material diminution of duties or material diminution of title. I don't see any way that option #2 is allowed under 409A -- it's not one of the allowable payment triggers. It's not a Change in Control trigger, since it requires the second trigger. It would work if the participant quits after the material diminution (Good Reason termination), but this plan doesn't require that. This appears to be clearly wrong to me, but am I missing something?