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Message Boards Digest

August 6, 2018

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

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Fiduciary Guidance Counsel created a topic in Retirement Plans in General

How Does One Know Whether a Partner Was Employed on the Last Day of a Year?

A profit-sharing retirement plan has a last-day condition on who shares in an allocation of a discretionary contribution. The employer is a partnership, and many of the employer's workers are partners rather than employees. For the last-day condition, the plan's governing document refers only to whether the participant is 'employed' on the last day. The partnership keeps no records of a partner's time worked. How does one determine whether a partner was employed on the last day? Was a partner 'employed' on the last day of a year if she had not been de-admitted from the partnership (and had for the year earned income more than zero)? What rules should I worry about?
Number of replies posted  6 replies      Number of times viewed  70 views      Add Reply
 
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Mary Jane Ilardi created a topic in Miscellaneous Kinds of Benefits

WARN Benefit Can Reduce Severance Benefit?

If a company has a severance plan in place that is outlined in the employee handbook, and the WARN act is initiated, can the employer reduce the amount of an employee's severance benefit by the amount of the WARN benefit?
Number of replies posted  0 replies      Number of times viewed  20 views      Add Reply
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jpod created a topic in Distributions and Loans, Other than QDROs

In-service Distribution to 70-1/2+ Non-5%-Owner; Rollover to IRA without RMD?

Non-5%-owner is well past 70-1/2. Wishes to take an in-service distribution from employer's DC plan and roll to an IRA. (Please don't ask why.) Must some portion of that distribution be withheld as an RMD or can it all go to the IRA?
Number of replies posted  4 replies      Number of times viewed  42 views      Add Reply
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Dalai Pookah created a topic in 401(k) Plans

Can 401(k) Plan Create LLC with Plan Sponsor?

X is sponsor of 401k plan (solo; husband and wife). X wants to invest both personal and plan money in a managed account with a major broker. The account requires a minimum investment of $500,000. X would like to form an LLC -- 40% owned by 401k and 60% owned individually -- in order to make this investment. My understanding is that it would not be a prohibited transaction for a plan and a party-in-interest to form a new entity and have that new entity make investments, which would naturally split according to membership interests, but I haven't been able to find any support or prohibition thus far.
Number of replies posted  5 replies      Number of times viewed  53 views      Add Reply
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