A few years ago, the PBGC, in a post-termination audit of a client, required mortality increases for late retirees although the plan had no forfeiture upon death. Their position was that it was required because the document did not specifically state that there was no pre-retirement mortality. This became a big deal and went national and various organizations and experts were involved. Has anyone had recent experience with this issue and the PBGC? If I pick up a plan that provides a QPSA (not fully actuarial equivalence) upon death and defines actuarial equivalency as being based on a specific interest and mortality table must the benefit be increased for both interest and mortality if paid after NRD (assuming no SOB notice) (or risk a problem upon PBGC post termination audit)? Looking for recent experience or insight.

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I have a QDRO from a divorce dating back from 1992. I am the AP. I am from Tennessee. I had forgotten about it until recently discovering the certified letter in my files from X10 in Oak Ridge confirming that I had the QDRO in place. I immediately contacted them because it was incorrect in last name and address and so I updated it. Several months went by and they sent me some plan materials but nothing of value. I contacted them again recently and asked for better information. They got back to me and stated I did not have a QDRO, so I sent them a copy of their certified letter to me. Last week I got a letter in the mail that stated that pursuant to 414(p) of the IRS code, I was eligible to commence my portion of the pension benefit due my ex-husband. And it was payable for my lifetime. They then asked for proof of age, some tax withholding and direct deposit paperwork so they could get me on the monthly distribution cycle ASAP. But then I had some questions for them. I asked, if I die, does my benefit continue to a beneficiary? No, they said. And if he dies, does it continue to me? Yes, they said. But then the lady I am in contact with said that they had just located the QDRO documentation and they are checking with their Administrative Committee on past payments and how to proceed with that. She will keep me posted on further developments but wanted to get me into pay status as soon as possible because it may take a while to determine the past payments. Will I somehow be getting past payments of monthly benefits that I should have gotten as a result of the company losing the QDRO and not attaching it to my ex's benefit before it was distributed? And where will that money come from if it is determined that I am entitled to it? He has been on disability retirement for quite some time. I don't know when he left the company because we do not communicate at all (really bad divorce). I asked the lady for the date of when I was eligible to start my benefits but she did not answer that question. Also, should I get a copy of my QDRO? I can't seem to find a copy in my paperwork. I would appreciate any advice in this matter.

We are TPA for a plan that uses an auto-enrollment feature in the plan. Client realized that he missed enrolling a handful of employees in 2017 but did not contact us to determine how to handle. They enrolled each employee approximately 3 months late. Client did not know that, by not providing a notice to the participants within 45 days of starting the deferrals, they're now required to provide QNECs for these participants. Have we interpreted the ruling correctly that the client now must make QNECs for the affected participants? How are the participants reported on the ADP Test? Do we include the QNEC contribution in the testing?

If a participant needs and obtains spousal consent for an in-service distribution, does that spousal consent remain in effect for subsequent distributions? If so, for how long does the spousal consent remain in effect if they want to take a second distribution after the first distribution?

A law firm has two 401(k) Plans. Plan 1 is for the partners and staff. Plan 2 is for the associate attorneys. Plan 1 has deferrals and profit sharing (new comparability design). Plan 2 has deferrals only. Both plans have some HCEs. Both plans have had no trouble passing coverage. They'd like to add a 2% match to Plan 2, if it passes coverage, is that allowable?

Insurance company trying to sell a 162f plan to a client. From what I can tell, the company can pay premiums on a whole life life insurance policy for an executive. The premiums paid are taxable to the executive and the executive owns the policy personally. Why is this different than giving the executive a bonus and having the executive go out and buy a life insurance policy on his or her own? I presume there is something to it because the IRS gave this it's own section of the Internal Revenue Code. But if I put on my cynical hat, perhaps the insurance lobby requested this change so they could market it as a "162(f) plan," which just sounds like it must have some tax-favored status.

If a member of an excluded class was allowed to participate in the plan, must the plan be amended retroactively to allow for his participation, and then file through VCP, or could the plan be amended as part of SCP?