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Message Boards Digest

March 5, 2020

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

LUCY created a topic in Cafeteria Plans

Summary Plan Descriptions for Each Welfare Benefit Offered?

"If an employee requests information on a benefit plan (medical, life, vision, dental), are we required to provide an SPD for each benefit plan offered?"

9 replies   |    63 views   |    Add Reply
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LUCY created a topic in Other Kinds of Welfare Benefit Plans

Imputed Income for Life Insurance Coverage in Excess of $50,000?

"Are we required to calculate imputed income if we offer life insurance over $50,000?"

8 replies   |    64 views   |    Add Reply

pmacduff created a topic in 401(k) Plans

Adding a New EACA Feature Midway During a Plan Year

"An ongoing 401k plan is changing investment vendors. A question has arisen as to whether they can add auto-enroll EACA provisions at this time. I think the EACA provisions must be first day of the plan year start only (i.e., as of January 1 for this plan) and cannot be implemented other times during the plan year. I've been asked by the advisor if the EACA provisions can be added due to the SECURE Act changes that now allow a plan to be set up virtually any time. I am correct adding an EACA to an existing plan still must be effective as of the first day of a plan year?"

3 replies   |    63 views   |    Add Reply

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

Allocation of Excess Assets Upon Plan Termination

"If a plan terminates during 2019 but doesn't allocate the excess assets until 2020, is the benefit increase attributed to the allocation of the excess treated as a benefit earned in 2019, or in 2020?"

1 reply   |    46 views   |    Add Reply

K2 created a topic in Distributions and Loans, Other than QDROs

Taxation and Withholding on Payments to Beneficiaries

"A participant has died. Her three children are the named beneficiaries. Each is over age 18. They want to withdraw funds to pay for her funeral expenses. Are they subject to the mandatory 20% income tax witholding and 10% premature distribution excise tax? I would think not, since they can't roll this over."

1 reply   |    42 views   |    Add Reply

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

Please Help Me Understand Divorce and Pension and QDRO

"I am in desperate need of sound advice. I think I am going to get screwed by Pennsylvania law once again. My ex-wife and I were married September 1989, separated in March 2008, and divorced in August 2009. I am a newly retired police officer and she is a nurse. We both have pensions. She is entitled to 25% of mine (I thought up to the date of separation, which is 18 years). She was ordered by a judge to give me half of her 401k at the time, wich was about $12,000, so I could roll it into an IRA. He told her not to touch it otherwise. I never got the money. The judge required both of us to have a QDRO completed within 30 days after the divorce. Neither of our attorneys followed through with our individual QDROs. Fast forward to now. I am retired and can’t collect my pension. I just had my QDRO done, but my ex-wife refuses to do one. She also says she recently took out whatever money was in that 401k, so the balance is zero. To top it off, the attorney who just did my QDRO says she is entitled to 25% of my entire career of 28 years plus $43,000 of the DROP (which I paid into from 2017 until the present). Is that right? How can that be fair? Is she in violation of the court order if she doesn’t get a QDRO done? What recourse do I have, if any?"

2 replies   |    55 views   |    Add Reply

austin3515 created a topic in 401(k) Plans

Back Wages / Post-Severance Compensation

"Participant terminated in 2018. Settlement for back wages was reached recently. Is it eligible compensation? It's well outside the 415 post-severance compensation window but the interesting twist here (of course) is that theoretically these wages should have been paid in 2018, which presumably the employer admits by having agreed to a back wage settlement in the first place."

1 reply   |    33 views   |    Add Reply

Tax Cowboy created a topic in Employee Stock Ownership Plans (ESOPs)

DOL Auditing My Client's ESOP -- How to Response to IDR?

"My client's ESOP is being audited by DOL for tax year 2017 to the present. (I am an attorney.) The ESOP also has two audits running with TEGE and SBSE. My queries relate to properly responding to the initial IDR and whether stating request is outside of statute of limitation is appropriate. [2] Per IDR, DOL is requesting records (such as articles from plan sponsor entity which was set up approx 10 years ago). I would like to state in response: "Outside of statute of limitation." Is that how you would respond? Or just send everything? [2]  IDR is requesting service provider fee agreements, which would include my own attorney engagement letter. I've read conflicting articles and research saying that attorney fee agreements are not protected by the attorney-client privilege but other resources saying they are. Thoughts and comments appreciated."

0 replies   |    20 views   |    Add Reply

Here are the most recently posted jobs on EmployeeBenefitsJobs.com, a service of BenefitsLink:

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Blue Ridge ESOP Associates
Charlottesville VA / Telecommute

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Centers for Medicare & Medicaid Services [CMS]
Woodlawn MD

View job as Retirement Plan Administrator Retirement Plan Administrator  View details

Osborne & Associates
CA / Telecommute

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