I am very new to VEBAs. A VEBA holds surplus assets. Accountant determined that it owes a large Unrelated Business Income Tax. Can this be paid out of VEBA assets (rather than being paid by the company)? The VEBA trust document is silent.

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A 401(k) plan provides participant-directed investments (with daily instructions). The plan's menu is filled with a broad range of diversified SEC-registered mutual funds. (Assume these are prudently selected, prudently disclosed, and meet all ERISA Section 404(c) conditions.) Beyond those diversified investment alternatives, the menu for participant-directed investment includes an account that invests in the publicly-traded stock of an operating business. The account is 1% "cash" (to facilitate transactions) and 99% stock. The stock is NOT employer securities. Assume the plan's administrator furnishes to participants every securities law report and other disclosure the stock's issuer has filed. (The administrator sends these to participants' work e-mail addresses and the plan's website a few minutes after the document is filed with the SEC or the stock exchange.) Is it enough that a participant can decide for himself or herself to invest in (or avoid) this stock? Or must a fiduciary evaluate whether this stock account should remain an investment alternative? If there is such a duty, under what facts and circumstances would a fiduciary find that a participant no longer should have the choice?

Someone mentioned to me that a DB Plan that they administered was taken over by a new firm. The new firm is asking the prior administrator/actuary to back up (i.e., show the calculations for each participant) the accrued benefits for all participants who are in the most current valuation (7 participants). Is this something that is required of the prior actuary?

I have a few questions for those who may use the ftwilliam Volume Submitter Profit Sharing Plan With CODA, specifically the one that does not involve a prototype, lead document and adoption agreement. If you do, please contact me offline at johnsimmonslaw@gmail.com.

Client currently has 401(k) with 3% SHNE. No ER profit sharing. They want to add a provision for voluntary contributions. Is this allowed, and would any testing be involved?

The client is the plan administrator for a multiple employer plan, and they currently do not have a good system for administrating forfeitures and crediting the plan adopters on their payroll invoices. They asked if we could facilitate the forfeiture process and issue a check for the use of the forfeiture balance each quarter directly back to the adopter in lieu of taking the forfeiture credit at the time of the contribution with the ER contribution. Of course the amount to be refunded would be limited to their ER contribution (but not to exceed the available forfeiture balance). Will administering forfeitures in this manner violate the rules of forfeitures being reverted back to employers?

I'm taking a lump sum pension payment, and plan to roll it into a new IRA account. I already have a Roth IRA account. Can I still put the max ($6,500) into my existing Roth IRA this year, or does the lump sum pension payment max me out for 2018?

When the PBGC becomes trustee for a plan, is the plan still considered "covered under the PBGC insurance program"? (This is question 5c on Schedule H of Form 5500.) If a plan sponsor is submitting a 5500 for a plan year in which they did not file a PBGC premium filing, how do they answer this without the My PAA confirmation number? Do they choose "Not determined?"