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Message Boards Digest

November 12, 2019

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

JennFC created a topic in 409A Issues

Liquidation Allowed Upon Partial Termination of 409A Plan?

"Client has a deferred compensation plan with employee elective deferrals and employer nonelective contributions that they're looking to terminate for various reasons, but they also want to adopt a new long-term incentive plan that would be aggregated with the employer nonelective contributions under the plan aggregation rules in 1.409A-1(c)(2). Can they terminate and liquidate the employee elective deferral portion without terminating and liquidating the employer nonelective contribution portion? If these were two separate plans they could clearly terminate just the one, I'm just not sure that would work since they are in one plan document. Thoughts?"

Number of replies posted  1 reply      Number of times viewed  29 views      Add Reply
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Peter Gulia created a topic in Communication and Disclosure to Participants

Is the Penalty $110 or $112 a Day?

"A summary plan description's ERISA-rights notice states: 'In such a case, the court may require the Plan administrator to provide the [documents requested] and pay you up to $110 a day until ...' Has the amount referred to been adjusted? If so, is it $112 or some other amount?"

Number of replies posted  2 replies      Number of times viewed  36 views      Add Reply

mjf06241972 created a topic in 401(k) Plans

Mandatory 401(k) When Prevailing Wage Job?

"[1] Does a client have to set up a retirement plan (with 5500 filing) when starting Prevailing Wage Job? [2] Is there any way around this? [3] Can a SIMPLE 401k Plan have Prevailing Wage? I don't think so but trying to think out of the box instead of setting up a plan with Prevailing Wage requiring a 5500 filing. They are trying to avoid administration cost of a Prevailing Wage plan."

Number of replies posted  6 replies      Number of times viewed  28 views      Add Reply

mjf06241972 created a topic in Retirement Plans in General

Matching Contribution Adjustments at Year-End?

"Is there a rule for matching contribution adjustments at the end of the year? Meaning, if a client is off by 2 cents, do they still have to deposit that amount?"

Number of replies posted  1 reply      Number of times viewed  22 views      Add Reply

PFranckowiak created a topic in 401(k) Plans

414 Compensation Testing

"401(k) Plan excludes Safe Harbor Exclusions, fringe benefits, expenses, deferred compensation and welfare benefits. Also excludes bonuses. Employees are covered under 125 plan; they get cash if they don't select benefits. [1] For the denominator of the compensation test, do I subtract Safe Harbor Exclusions, fringe benefits, expenses, deferred compensation and welfare benefits from gross compensation or just use gross compensation? [2] For the numerator, do I use the denominator minus bonuses? [3] If it doesn't pass and the match is just 15% of the deferrals, is the only consequence that I must use section 415 compensation for testing purposes?"

Number of replies posted  0 replies      Number of times viewed  14 views      Add Reply

justanotheradmin created a topic in Distributions and Loans, Other than QDROs

Uncashed Distribution Checks Being Moved to Traditional IRAs

"A financial company that shall remained unnamed has recently notified its plan sponsors that it's changing how it handles uncashed distribution checks. Any checks uncashed after 365 days will have the money moved to an IRA. When we asked for clarification the response was that nothing from the tax reporting on the original distribution would be changed. Depending on the type of original distribution, the deposit into the IRA would either be considered a contribution or a rollover. It would be up to the participant to make sure it was reflected correctly on their tax return, including amending prior returns if necessary. I can think of a whole host of ideas why this is a bad idea, and was wondering what other people think. The financial company is not making any distinction between under $5,000 forced distributions, affirmatively elected distributions, rollovers, cash-outs to participants, Roth money, non-Roth money etc. What if the amount exceeds the person's IRA contribution limit? I haven't seen other companies handle uncashed checks this way before. But maybe there are others who do it the same way?"

Number of replies posted  2 replies      Number of times viewed  14 views      Add Reply

K2 created a topic in 401(k) Plans

Would the Successor Plan Rule Cause a Problem in This Scenario?

"I have a 401k Profit Sharing plan with more generous eligibility than the statutory requirement. The plan is top-heavy. I would like to start a new 401k plan with immediate eligibility and exclude Keys. I would transfer the Deferral Component of the existing plan to that plan. The new plan will not be top heavy. With the existing plan, I want to eliminate salary deferrals and have it be a standalone profit sharing plan with two year eligibility. Keys will be eligible to participate in this plan. I'll have a cash balance plan paired with this that has keys in it as well. Any issues? Successor plan rules?"

Number of replies posted  0 replies      Number of times viewed  11 views      Add Reply
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