Message Boards Digest

March 26, 2020

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

Cynchbeast created a topic in Retirement Plans in General

Incorrect SH Match Paid in Terminating Plan

"We have a client who sold his business in October last year (asset sale). The sponsor had paid ongoing SH match, and when we looked at the data from 2019, we found 1 person was overpaid $24 and 4 of the 5 who deferred were underpaid, ranging from $32 to $244. The money is at John Hancock. All but 2 have already been paid out. We figure he can forget ever getting the overpayment back. Plan is currently SH with all NHCEs in one group. Only HCEs were owner and son, and neither deferred. Were this a New Comp with one class per participant and no SH, and we were to count the SH paid as Profit Sharing, this plan would pass ADP and 401(a)(4) testing since Owners/HCEs got nothing. Is there any way to justify a retroactive amendment to 01/01/19? Any ideas?"

3 replies   |    67 views   |    Add Reply

Upgrade Your Signature Line With CEBS

Sponsored by International Foundation of Employee Benefit Plans [IFEBP]
Join the prestigious community of benefits professionals who hold the Certified Employee Benefit SpecialistĀ® (CEBSĀ®) designation. With academic backing from the Wharton School, CEBS delivers focused and applicable knowledge you need to succeed.

Peter Gulia created a topic in Retirement Plans in General

Who Serves as an Abandoned Plan's Qualified Termination Administrator?

"Will anyone please share information on which recordkeepers and directed trustees are willing to serve as an abandoned plan’s qualified termination administrator, and which are unwilling?"

5 replies   |    56 views   |    Add Reply

legort69 created a topic in 401(k) Plans

Excess Deferrals -- Include as Part of ADP Refund?

"We have a participant who makes contributions to 2 plans. We administer one of the plans. He is an HCE and receives an ADP refund in the plan that we administer. Later he provides proof of combined excess deferrals between both plans. My question is whether the 402g excess deferral refund is a refund in addition to the ADP refund, or can the 402g excess be included as part of the ADP refund?"

0 replies   |    40 views   |    Add Reply

coleboy created a topic in 401(k) Plans

Suspending the SH Match -- Effect on Top Heavy Contribution

"We have a number of clients that are considering suspending their safe harbor match due to COVID-19. There are a couple that, after doing their 2019 year-end review, would be Top Heavy for 2020. If they suspend their 2020 SH Match, will they have to owe the Top Heavy contribution for 2020?"

3 replies   |    46 views   |    Add Reply

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

Spousal Consent in the Time of Social Distancing

"Has anyone yet come up with a creative solution to the problem of obtaining spousal consent for a distribution when our offices are shut down for the foreseeable future and participants and spouses are reluctant to leave their homes to see a Notary? Zoom-witnessed signatures with identification, for example?"

3 replies   |    66 views   |    Add Reply

radublu created a topic in 401(k) Plans

401(k) Death Benefit Was Paid to Non-Spousal Beneficiary and Surviving Spouse Ain't Happy

"[1] Husband gets divorced and changes 401(k) beneficiary to his son. [2] Ten years later husband gets remarried, but fails/forgets/decides not to change the beneficiary to his new wife. [3] Husband dies unexpectedly. [4] Son claims benefits, and Fidelity pays him. Because it appears federal law allows for the wife to be the beneficiary unless she has signed a waiver allowing for someone else to be the beneficiary, she should be able to claim the deceased husband's benefits. Fidelity claims they can't do anything about it and has pushed the issue back to the employer. How I should unwind this situation?"

6 replies   |    67 views   |    Add Reply

thepensionmaven created a topic in 401(k) Plans

Effect of SECURE Act -- Safe Harbor Notice Given by Employer Before 1/1/2020

"The 2020 SHNE Notice was given out prior to the effective date of the SECURE ACT. The Notice stated the SHNE contribution will be made. If the client decides that due to economic reasons, the contribution will not be made, doesn't some notice need to be given out taking back the prior notice? If not, the participants will not be receiving the 3% contribution and they may be expecting it. But then again, you'd be giving out a notice even though there is no notice required."

3 replies   |    51 views   |    Add Reply

austin3515 created a topic in 401(k) Plans

Paid Leaves Under FMLA and Now FFCRA

"Someone is out sick and eligible for pay under one of these paid leave rules. I have essentially no knowledge or expertise in what paid leaves are all about but now my client wants to know if they pay it, is it eligible compensation? They DO exclude taxable fringe benefits. Would this be considered a taxable fringe benefit? I'm inclined to say it is because it seems to go beyond the normal 'I get 3 sick days a year' type of policy where if someone stays home sick, its just part of their normal pay. But I'm in the dark here."

5 replies   |    47 views   |    Add Reply

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

Calculating 50% of Account Value for Maximum Loan Amount

"With this date of constant market fluctuation, what is considered 50% of the balance to take a loan? Is it the date the loan was requested, approved, or processed?"

4 replies   |    38 views   |    Add Reply

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

View job as Health Insurance Specialist (Program Oversight) Health Insurance Specialist (Program Oversight)  View details

Centers for Medicare & Medicaid Services [CMS]
Bethesda MD / Woodlawn MD / Telecommute

View job as 401(k) Associate 401(k) Associate  View details

Blue Ridge ESOP Associates
Charlottesville VA / Telecommute

View job as Retirement Plan Consultant Retirement Plan Consultant  View details

Cetera Retirement Plan Specialists

View job as Auditor (Pathways Recent Graduate) Auditor (Pathways Recent Graduate)  View details

Pension Benefit Guaranty Corporation [PBGC]
Washington DC / Telecommute

►View More Jobs

►Post a Job

►Get Instant Job Alerts, Inc.
1298 Minnesota Avenue, Suite H
Winter Park, Florida 32789
(407) 644-4146

Lois Baker, J.D., President
David Rhett Baker, J.D., Editor and Publisher
Holly Horton, Business Manager

Copyright 2020, Inc. All materials contained in this mailing are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of, Inc., or in the case of third party materials, the owner of those materials. You may not alter or remove any trademark, copyright or other notices from copies of the content.

Links to web sites other than and are offered as a service to our readers; we were not involved in their production and are not responsible for their content.

Unsubscribe | Privacy Policy