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Message Boards Digest

August 12, 2019

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

Chippy created a topic in 401(k) Plans

Can Eligibility for Deferrals be Greater Than Eligibility for SH Nonelective Contributions?

Can a plan be set up that the eligibility for deferrals is greater than the eligibility for Safe Harbor non-elective? Deferral eligibility is one year of service and semi annual entry dates. SHNEC eligibility is one year, but immediate entry after one year. So someone hired on 8/17/2017 is eligible for the SHNEC on 8/17/2018 but not eligible for the deferral until 1/1/2019. Is that allowed?

Number of replies posted  1 reply      Number of times viewed  57 views      Add Reply

ERISAgeek111 created a topic in Health Plans (Including ACA, COBRA, HIPAA)

Handling Employee Premium Payments While on Unpaid FMLA

An employer can deduct from wages the cost of a health insurance premium that an employee agrees to. When an employee is on an unpaid leave of absence pursuant to the Family and Medical Leave Act, the employer must maintain the employee’s health insurance coverage but can require the employee to continue paying his share of premiums. Since the leave is unpaid, the payment cannot be made via payroll deduction. Typically, the employer will require the employee to submit checks for payment. Are there any other options available to the employees for the payment of premiums? For example, can the company permit the employee to catch up on premiums when they return to work via extra payroll deductions? Would that be a permitted payroll deduction? Maybe do it as a loan from the Company to the employee? Is it still considered to be a health insurance premium, or has it become a loan that must be repaid to the employer? Thanks

Number of replies posted  1 reply      Number of times viewed  43 views      Add Reply

Christopher Wilson created a topic in Distributions and Loans, Other than QDROs

Rollover of Participant Loan

A plan accepts rollover contributions of participant loans. The plan permits only one loan outstanding at a time. A participant has two participant loans with his former employer. Is he permitted to roll over the two loans or only one of the loans? Is the treatment of the two loans determined with respect to the plan's loan policy or rollover contribution provisions?

Number of replies posted  1 reply      Number of times viewed  47 views      Add Reply

chuTzPA created a topic in Other Kinds of Welfare Benefit Plans

Can PEO Sponsor a Single Employer H&W Plan?

PEO takes on the W-2 pay, benefits etc. for employees who work at multiple different companies. For health & welfare benefits, they file one 5500 as a Single Employer Plan. Is this possible?

Number of replies posted  1 reply      Number of times viewed  33 views      Add Reply

spencerhastings created a topic in 401(k) Plans

Employee Laid Off with Recall Rights Under a CBA -- Terminated for Retirement Plan Purposes?

Does anyone know when an employee on layoff with recall rights under a CBA is treated as terminated for purposes of a qualified retirement plan? Neither the plan nor the CBA appears to covers this issue.

Number of replies posted  0 replies      Number of times viewed  36 views      Add Reply
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