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Message Boards Digest

December 6, 2019

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

Stash026 created a topic in 401(k) Plans

No Form 5500 Ever Needed if Assets Less Than $250,000?

"I remember someone once telling me that if Plan Assets were under $250,000 the Plan was not required to file Form 5500 but I don't see that in the Form 5500 instructions. Does it only apply to those who file Form 5500-EZ?"

Number of replies posted  8 replies      Number of times viewed  78 views      Add Reply
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DDB BN created a topic in 401(k) Plans

Increase 401(k) Deferral for Last 4 Payrolls in December

"Plan document indicates that deferrals can be changed semi-annually and that a participant, at year-end, may increase the deferral over the last 2 months to increase the deferral to the maximum. It makes no reference to increasing deferrals at year-end for someone who wants to put in more at year-end but not the maximum. The Plan Sponsor has a participant who is a salesperson who wants to increase his deferral for the next 4 weeks by $500 per pay period. He currently contributes $100 per weekly pay period. The Plan Sponsor does not pay bonuses at year-end to anyone. Based on the way the plan is written, can the participant increase his deferral for the last 4 weeks of the year even though he will not be anywhere near the maximum?"

Number of replies posted  4 replies      Number of times viewed  61 views      Add Reply

Jakyasar created a topic in Defined Benefit Plans, Including Cash Balance

Can a DB Plan Be Based Upon Section 736(a) Income?

"Partner Joe (over age 70) retired in 2017 from partnership XYZ, LLC (a large law firm) and started receiving IRC §736(a) payments (distributive share or guaranteed payment under IRC §707(c)) for a period of 48 months and in form of a Schedule K-1. These payments are subject to self-employment tax. Joe also has clients on the side with whom he consults. Not sure how he is paid yet but can assume schedule C. Joe wants to start a pension plan on both incomes. Can he do that ? How about only on the K-1 he is getting from XYZ, LLC? The plan will be for 2019, 2020 and 2021. From an article I found online, written in 2017:

"Note: The type of retirement program (between Joe and XYZ, LLC) discussed here is not a tax-favored partnership retirement plan such as a 401(k) plan, Keogh plan or SEP plan. Instead, we are talking about a relatively simple written arrangement (generally unfunded) under which payments are made by the partnership directly to its retired partners. Such an arrangement is not subject to any of the complicated funding and nondiscrimination rules that can potentially apply to a tax-favored partnership retirement plan."
Number of replies posted  0 replies      Number of times viewed  20 views      Add Reply

Godswill O. Uche created a topic in Retirement Plans in General

Credit for State of Maryland Pick-Up Contribution

"Is there a statute of limitation in Maryland for filling to begin to receive credit for an accumulated Maryland Pickup contribution, after retirement from Maryland State service?"

Number of replies posted  1 reply      Number of times viewed  26 views      Add Reply

SSRRS created a topic in Defined Benefit Plans, Including Cash Balance

Salary History -- How Much Is Needed?

"When setting up a new plan, in addition to the current census information, how many years back of salary history do most firms ask for?"

Number of replies posted  3 replies      Number of times viewed  50 views      Add Reply

legort69 created a topic in 401(k) Plans

Loan Defaults: Timing of Applying Offset to Accounts

"Participants default on loans throughout the year due to termination of employment. Do you update their accounts (apply the loan offset) at the time of termination, or wait until year-end?"

Number of replies posted  0 replies      Number of times viewed  21 views      Add Reply

lisan1025 created a topic in 401(k) Plans

Employer Match Implemented Mid-Year

"Plan year ends each September 30. Employer started contributing a match (100% up to 1% compensation) per payroll period on April 1, 2019. The Plan Document provides a discretionary employer match and says the period of determination is the Plan Year. I provided the client with a match calculation using Plan Year compensation (not just the one-half year from April 2019 through September 2019). Employer doesn't think it should be required to pay a true-up. Any way around the true-up?"

Number of replies posted  1 reply      Number of times viewed  23 views      Add Reply

Belgarath created a topic in Cafeteria Plans

Section 125 Plan and HSA Contribution

"I'm looking at a situation where I THINK incorrect information was given, but I want to see if y'all agree. Employer A sponsors a Section 125 plan that offers various options, including contributing to an HSA. Participant 'X' does not participate in A's HDHP, but is covered under the HDHP plan of her spouse, at Employer B. 'X' is eligible for all options offered under A's 125 plan. 'X' is being told that she cannot contribute to an HSA under her employer's (A's) 125 plan, as IRS regulations prohibit this -- because her HDHP coverage is under her spouse's (Employer B's) Plan. I don't think this is correct. Agree?"

Number of replies posted  0 replies      Number of times viewed  15 views      Add Reply

D.J. Simonetti created a topic in Retirement Plans in General

FIS/Relius Indemnification Clauses

"Has anyone death with the indemnification clauses that have been added to the plan checklists that require the customer (not the adopting employer) to indemnify Relius in the event Relius fails to notify the customer of required amendments? If you use Relius and haven't seen this language, pull up a checklist and see Section 3."

Number of replies posted  0 replies      Number of times viewed  19 views      Add Reply

info4via@gmail.com created a topic in SEP, SARSEP and SIMPLE Plans

LLC Partner's Draw Being Moved to Another Company

"My friend works for Company A (an LLC). Mr. X, the firm's partner, owns 100% after Mr. Y passed away a few years ago. Mr. X has a separate company (Company B), a C Corp, into which he transfers the earnings from Company A. The employees in Company B are Mr X and his wife. He set up a SEP-IRA in Company B. My understanding of the SEP-IRA rules is that, when a brother-sister group sets up a pension plan, all employees within the brother-sister group must be covered. In this situation, can she get the same benefit (SEP-IRA) from Company A? If yes, under what law?"

Number of replies posted  1 reply      Number of times viewed  18 views      Add Reply
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