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Message Boards Digest

April 25, 2019

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

RM123 created a topic in Qualified Domestic Relations Orders (QDROs)

Ex-Husband Won't Sign QDRO

I had to file a "rule to show cause" to get my ex-husband to sign the first of 2 QDROs. He is on record with the court (Delaware) saying he will sign the second QDRO, but he is refusing to sign it. Is he in contempt of court? Do I need to file a second Rule to Show Cause, or can I file the final QDRO with my signature and note that he refused to sign? The divorce is final and the stipulation resolving ancillary matters filed.
Number of replies posted  1 reply      Number of times viewed  44 views      Add Reply
 
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pjb1835 created a topic in 457 Plans

Deadline for Employer Contribution to a Nonprofit 457(b)?

What is the deadline for a nonprofit organization to make an employer match or nonelective contribution to a 457(b) plan for a plan year?
Number of replies posted  1 reply      Number of times viewed  22 views      Add Reply

ERISA11 created a topic in SEP, SARSEP and SIMPLE Plans

Timing of Grace Period for SIMPLE Employer Eligibility

Does the grace period for SIMPLE employer eligibility apply if an eligible employer started a plan mid-year but then employed over 100 employees with compensation over $5,000 later that same year? For example, the employer had fewer than 100 employees with compensation exceeding $5,000 in 2014, started a SIMPLE in the middle of 2015 (eligible for 2015 based on prior year employee numbers), and by the end of 2015, had over 100 employees with compensation over $5,000. The employer would be ineligible to maintain a SIMPLE for 2016 in the absence of the grace period. Does the grace period not apply because the plan was maintained by an "eligible employer" for less than a 12 months (due to the mid-year start date)? The statute says, with regard to the grace period -- "An eligible employer who establishes and maintains a plan under this subsection for 1 or more years and who fails to be an eligible employer for any subsequent year shall be treated as an eligible employer for the 2 years following the last year the employer was an eligible employer." So in other words, my question is, does the requirement to have maintained the plan as an eligible employer for 1 or more years mean that the employer must have maintained the plan as an eligible employer for at least 12 full months, or is it possible that this one-year requirement really refers to more of a "plan year" concept such that maintaining the plan as an eligible employer for a short plan year (as a result of establishing a plan mid-year) would qualify as maintaining it as an eligible employer for "1 year"? Has anyone ever run into this?
Number of replies posted  2 replies      Number of times viewed  34 views      Add Reply

401Kerfuffle created a topic in 401(k) Plans

2018 Profit Sharing Contribution OK Even After Sponsor's 2018 Tax Return Filed?

Can a plan make a profit sharing contribution for 2018, after they've filed their tax return for 2018? The calendar year plan has no intention of amending their 2018 return, so we'd be looking at deducting the 2018 allocation for the 2019 tax year. I know they'd be subject to the 25% deductibility for 2019 (considering all employer contributions for 2019 plus the 2018 profit sharing allocation). Is it possible to allocated the PS for 2018 but deduct and report it in 2019? If so, what other compliance tests would the profit sharing need to be included in?
Number of replies posted  1 reply      Number of times viewed  35 views      Add Reply

401k Nut created a topic in 401(k) Plans

Combining Sources: Matching Contributions and Profit Sharing Contributions

We want to combine a match source and a profit sharing source that are frozen and have not been used for a long time. There's also an old ESOP source that has no employer stock in it (it's all OIA account). Any issues with combining that with the other too?
Number of replies posted  4 replies      Number of times viewed  41 views      Add Reply
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