Message Boards Digest

May 14, 2018

Here are the most recently added topics on the BenefitsLink Message Boards:

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CEW created a topic in 401(k) Plans

Otherwise Excludable Employees on ADP Test

I have a plan with 5,000 plus EEs in it. The previous admin put it into Relius years ago, then took it out and did everything manually for the past few years. I have been working for months getting it back into Relius. Plan eligibility is 21/1 M.O.S./monthly entry dates. When I run the ADP test, Relius is not agreeing with my excludable EEs and I wonder if it's because the complete history is not in Relius. Relius is excluding 300 plus people I think should be on the test. For example, one person has a date of hire of 5/15/2016. Date of term is 8/7/2017. Did not work 1000 hours in 2016 or 2017. Is that why Relius is excluding them? But then, I have someone who hired on 5/16/2016, and worked 930 hours in 2016 and 1,000 plus 2017 and term'd after July 2017 it's excluding them as well. Third example, someone hired on 5/16/2016 and worked 1000 hours in 2016 and 2017 and term'd after July 2017 and they are excluded. I might be getting confused with this because it's such a huge plan. Not sure if I should just go with what Relius is spitting out or change 300 people to be on the test ... Thanks!
Number of replies posted  7 replies      Number of times viewed  80 views      Add Reply

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Breakdown65 created a topic in 401(k) Plans

Solo401k -- Form 5500EZ Required?

In 2017 I created a solo401k for my C corp, where I am the sole owner/operator. I then maxed out my solo401k. I closed the corp at the end of 2017 and created a new corp, which is now a S-corp. Ascensus sent me a form that effectively rolled my plan over. It is the same plan with a new corp name and a new FEIN. I hired Ascensus to create the boilerplate solo401k plan and they do very little administrative work. They said I did not need to file Form 5500EZ because the 401k was terminated. But I'm not so sure. I believe I have until July to figure this out. Can anyone help me out here?
Number of replies posted  8 replies      Number of times viewed  70 views      Add Reply
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Barbara Hanis created a topic in Church Plans

Two 403(b) Providers for a Church Plan -- Allowed?

I know this is true for 401(k) and 403(b) plans, but can someone let me know if there could be two plan providers for a church plan? Also, are only conduit IRA's allowed into the plan?
Number of replies posted  0 replies      Number of times viewed  34 views      Add Reply
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Madison71 created a topic in 401(k) Plans

Dueling Beneficiaries

401(k) plan has the language in it where divorce or legal separation does not revoke the beneficiary designation. Participant completed beneficiary designation naming his spouse (at the time) as the primary beneficiary, which I know is required unless waived. Participant got divorced a couple years back and plan never received a QDRO. Participant subsequently remarries and dies shortly thereafter. No one-year marriage requirement in the plan document. Participant never completed a new beneficiary form prior to his death naming his current spouse. Who gets the money?
Number of replies posted  17 replies      Number of times viewed  152 views      Add Reply
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JMT44 created a topic in Distributions and Loans, Other than QDROs

RMD Calculation for a Lump Sum Distribution

My spouse just retired after working beyond age 70-1/2 and has not been subject to RMDs until now. The plan is to take a lump sum of $105,358 from employer's defined benefit plan. The payment election form states that the RMD is $7,599, which is not eligible for rollover. This represents the correct amount under under Section 1.401(a)(9)-6(d)(2) (the annuity method). Using the 6(d)(1) (individual account method) the RMD would be $4,115. The plan document does not state which method the plan will use (although there may be some ancillary document I have not seen). If memory serves me right, the annuity method (which is almost always far less favorable for the participant) is very uncommon. I'm trying to determine if the plan sponsor has formally adopted this less favorable annuity method. From a plan perspective, I can think of no reason why a plan sponsor would knowingly disadvantage a participant. In the meantime, I have two questions.

[1] Section 1.401(a)(9)-6(d) is written in a way that suggests the individual account method may be the default if no method has been formally adopted. I say this because subsection 1 says the RMD "is determined by treating the single sum distribution as a distribution from an individual account plan." Subsection 2, on the other hand says the RMD "is permitted to be determined by expressing the employee's benefit as an annuity." If no method has been formally elected by the plan sponsor, does the individual account method automatically apply?

[2] The responsibility for determining the RMD ultimately belongs to the payee, not the plan sponsor or the administrator. So, if the administrator distributes the larger amount to the participant, could the participant rollover the excess of the annuity method over the individual account method as a 60 day rollover? In other words, does the choice of methods ultimately belong to the participant who is the one responsible for satisfying 401(a)(9) in the end? Thanks for sharing your thoughts!

Number of replies posted  0 replies      Number of times viewed  52 views      Add Reply
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rocknrolls2 created a topic in Correction of Plan Defects

Can QNECs and User Fee Be Paid from 403(b) Plan Assets?

My client is a 501(c)(3) organization eligible to maintain a 403(b) plan. Although the plan provided for salary reduction contributions, they've never been implemented. A few operational errors have occurred. Can the user fee be paid from plan assets? Can a correction of QNECs equal to a default of 1.5% of compensation plus earnings be credited to the plan using plan assets?
Number of replies posted  0 replies      Number of times viewed  24 views      Add Reply
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Earl created a topic in 401(k) Plans

Deferrals Catch Up Question, Two Plans Involved

2017 year, client makes a lot of money. He has a DB/DC Plan for his consulting income. He is over 50. In day job he defers $17,500. How do I determine if he can defer $500 or $6,500? Does he have to communicate with benefits department of day job to determine if any of $17,500 was treated as a catch up 401k contribution?
Number of replies posted  2 replies      Number of times viewed  38 views      Add Reply
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jkharvey created a topic in Plan Document Amendments

PPA Restatement for ftwilliam Document

If any of you are familiar with the ftwilliam document, I have a quick question, please. I have a takeover plan that used the ftwilliam document. They are not providing me with an actual PPA restatement Adoption Agreement, but only a snap-on amendment for the adoption agreement. Did ftwilliam provide an actual PPA restated adoption agreement and my client is just not finding it, or did they truly only do snap-on amendments to the EGTRRA Adoption Agreement?
Number of replies posted  9 replies      Number of times viewed  62 views      Add Reply
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K-t-F created a topic in Distributions and Loans, Other than QDROs

Required Tax Payment Schedule?

Did I miss the memo? For a few years, Client has been taking distributions from his single member plan. He is older than 59-1/2 (70-1/2 this year, as a matter of fact) so there's no premature distribution issue. We pay the taxes on all distributions in excess of the 20% minimum (33%),and prepare the 1099-R and 945. Uncle Sam has sent him a penalty letter saying his tax payments are late, and that he is on a tax payment "schedule." How can he be on a "schedule" if he doesn't know when he will take a distribution? And, when he does take a payout, he immediately pays the taxes using the EFTPS system. Like I said... did I miss the memo?
Number of replies posted  8 replies      Number of times viewed  62 views      Add Reply, Inc.
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