When you are calculating earnings, what are you using for the 'loss date'? I've seen some people use just the pay date. Others, 7 business days later. Even others going all the way out until the 15th business day of the month following. From VFCP: "The Loss Date for such contributions is the date on which each contribution reasonably could have been segregated from the employers general assets. In no event shall the Loss Date for such contributions be later than the applicable maximum time period described in 29 CFR 2510.3." So, what date are you using?

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A client has recently asked if they can require participants to enroll in their financial wellness program as a condition of receiving a hardship distribution from their retirement plan. It seems like a great idea to me.

Controlled group consists of companies A, B and C. Client wants to adopt a safe harbor plan for A and B and not allow C to be a participating employer. A has 7 HCEs and 34 NHCEs. B has 4 HCEs and 17 NHCEs. C has 7 HCEs and 8 NHCEs. Total is 18 HCEs and 59 NHCEs. Company A sponsors a plan and Company B signs a participating employer agreement -- so coverage is (51/59) / (11/18) = 141.45% The coverage Safe harbor is met with respect to A and B and we can forget about C as plan satisfies coverage so no ADP testing necessary. Any 401(a)(4) testing for employer contributions would include the C employees with zeros, but that's probably no problem because they have such a large number of HCEs. Is that all correct?

If a Employer adopts a Prototype Plan sponsored by its Third Party Administrator, can the Plan continue to use the Prototype Plan in the event the relationship with the sponsoring TPA is terminated? The Prototype Document in question contains the following wording -- "The employer may discontinue its participation in this Prototype Plan effective upon sixty [60] days written notice to the Prototype Plan Sponsor. In such event the Employer shall, prior to the effective date thereof, amend the Plan to eliminate any reference to this Prototype." Would switching the Plan's TPA likely trigger "discontinuance" in the Prototype Plan?

A health plan under ERISA is supposed to go into effect 01/01/18. The Plan Document isn't finalized or signed by the Plan until 07/15/18, yet it claims to be "retroactively" effective back to 01/01/18. In the meantime, claims have been paid and denied based on a Plan Document that was never signed or distributed to Claimants until after it was signed. Is this on the up-and-up, or not?

If a 24 year old gets married, are they still eligible for a parent's FSA? Even if they are no longer a tax dependent?