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Message Boards Digest

April 8, 2020

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

Vlad401k created a topic in 401(k) Plans

Partial Plan Termination -- Full Vesting for Already-Paid Former Participants?

"We have a plan that had a partial plan termination in 2019 because 20% or more of the employees were involuntarily terminated. My understanding is that anyone who was terminated in 2019 (whether or not it was involuntarily) should become 100% vested. However, what if there are a few of these affected participants who already took a distribution (that was not 100% vested) from the plan? Should the amounts they forfeited be restored?"

3 replies   |    64 views   |    Add Reply

k man created a topic in Distributions and Loans, Other than QDROs

3 Year Ratable Taxes on COVID-19 Distribution -- What Happens If Recontributed?

"CARES Act says tax is ratable over three years. Let's say a participant pays back the distribution in year 3. What happens to the tax paid?"

5 replies   |    55 views   |    Add Reply

leighl created a topic in Form 5500

111 Participants at Beginning of Year: Small Filer?

"I have a new company with 111 participants at the beginning of the year. Can they file as a small filer?"

2 replies   |    47 views   |    Add Reply

HELPPLS created a topic in Employee Stock Ownership Plans (ESOPs)

My Rights Under My Employer's ESOP -- Undervaluation Issues

"If I can please provide a short summary, than a list of questions. Last Spring, I was terminated from a very successful ESOP company that is 100% employee owned. I worked for the company for over 26 years and held the position of VP. I was one of the 5 top share holders of the company. I ran afoul of the company President and CFO when I questioned (when I was asked to sell back shares due to the top heavy rule) the low price of the ESOP shares that I would be paid a few years back and the same situation was to occur in 2019 also. Some numbers to justify why I question the value: The ESOP shares, approximately 40 participants, have a total book value of $10 million. Recent five year sales for the company between $58 -- $65 million and there are $10 million + in assets alone if liquidated. Net profit 15% minimum prior to reinvestment and bonuses annually.

Any help with the following questions would be appreciated: [1] I received as statement indicating how many shares I owned and a dollar amount per share. What can I do to find out how the shares are valued or have them checked by others? What rights does an employee have? [2] Is it standard/acceptable for the President and the CFO to run the company and the ESOP? There is no board of directors. Taking very high annual bonuses and controlling the ESOP seems to be a conflict of interest.

There is a third party appraiser, but I'm sure they were asked to keep the value low. There is more to the termination in regards to questioning the ESOP direction, are the ERISA employee rights for retaliation termination. I did not ask a question that I did not feel was permissible per the plan document.

Are there law firms that are knowledgeable to represent the employee in ESOP disputes? I am in an employment-at-will state and have met with an attorney, but he has very little knowledge of ESOPs. I'm ready to reach out to the DOL, but would like to educate myself as much as possible before that."

2 replies   |    39 views   |    Add Reply

Denice England created a topic in Retirement Plans in General

1099-R Troubles Due to Change in Plan Name

"I have a client who has an EIN specifically for the plan. We have had the plan for years and have had the EIN for years. We have always used the EIN on the Form 5500 and the 1099-Rs. Several years ago, the plan name changed. We have continued using the same EIN and have never had any problems -- until this year. The plan is terminating so I prepared 1099-R forms to reflect the distributions. Taxes were withheld on the cash distributions and remitted using this EIN. Now, when participants are e-filing their individual returns, the EIN errors out because the name of the plan does not correspond with the original name of the plan. Has anyone ever had this problem? I just need to amend/correct the name associated with the EIN. I have searched the IRS website and cannot find how to do that. Any ideas?"

1 reply   |    22 views   |    Add Reply

AndyH created a topic in 401(k) Plans

Safe Harbor Testing Issues: Related Companies in Same Plan

"Two related companies (A and B) participate in a 401(k) plan that has a 3% SHNEC as well as an enhanced match (not more than 4% and not based on more than 6% of comp and meets the other requirements). No ADP or ACP test is needed, correct? Company B wants to withdraw from the match. What testing is needed in the year following the change? [1] Presumably the match for Company A must be tested for 410(b). Or is this just BRF? [2] Presumably Company A now needs ACP testing, right? Is Company B included with 0 match rates, or excluded because they are ineligible for the match? I believe they would be included because they can defer, is that right? [3] If company B were moved to a separate plan and each plan passes 410(b) then Company B would not be in Company A's ACP test, correct?"

0 replies   |    27 views   |    Add Reply

Catch22PGM created a topic in 457 Plans

Non-Governmental 457(b) Plans: Can Participant Transfer Funds to New Employer's Plan Even Though Not Yet Eligible to Participate?

"An executive left 501(c)(3) Org#1 and is now an employee for 501(c)(3) Org#2. Both organizations have 457(b) plans and both allow transfers, into and out of the plans. This executive is not eligible to participate in the Org#2 457(b) plan. Can he still transfer his 457(b) account from the Org#1 plan to the Org#2 plan? The Org#2 457(b) plan document never mentions "participant" or "employee" in the transfer section. It simply states states "... the Plan Administrator may accept a transfer of assets to the Plan ..." and "A transfer shall only be permitted to the extent that it is permissible in accordance with Code section 457(e)(10) and Treas. Reg. section 1.457-10(b)." I have read both and they mention "participant" but when mentioned they are referring to the transferring plan, not the receiving plan. My take is that this transfer can occur and I use the analogy of a 401(k) rollover. An employee does not have to be eligible to participate in a 401(k) plan to rollover money into the 401(k) plan so long as the receiving plan permits the rollover. The 457(b) plan document for Org#2 doesn't provide a specific restriction so I'm inclined to tell them to accept the transfer. Agree?"

0 replies   |    10 views   |    Add Reply
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