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Message Boards Digest

July 29, 2020

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

BG5150 created a topic in Retirement Plans in General

Do I Really Have to Formally Terminate This Solo-K?

"We have a client that has a Solo-K (Larry, don't yell at me, I'm using the term for clarity). No contributions since 2013, which was the last year an EZ was filed. (Under $250k since then.) We find out today that he retired and took his money out in February. Do I really need to terminate the plan? What's the harm in leaving it 'open'? He will file a final EZ."

2 replies   |    57 views   |    Add Reply

JustMe created a topic in 401(k) Plans

PEPs: The New Frontier or Just a Bunch of Noise?

"Just looking for discussion."

4 replies   |    73 views   |    Add Reply

SaraJames created a topic in Governmental Plans

Partial Plan Termination of Governmental Plan

"We administer a 401(a) governmental plan. We want to amend the definition of 'employer' to exclude employees from certain entities that are part of our control group. This would result in approximately 33% of current participants being excluded from participating in the plan. To me, this sounds like it could be considered a 'partial plan termination.' However, it is my understanding that Section 411(d) does not apply to governmental plans. [1] Can we amend the plan to exclude certain employers without issue? [2] If we do amend the plan to exclude certain employers, does this result in a distributable event for the participants who are employed by those entities? The plan only lists death, disability, termination of employment and the attainment of the applicable retirement age as distribution events. Because the employees will not be terminated from employment (only excluded from the plan), none of these events appear to apply."

2 replies   |    36 views   |    Add Reply

chibenefits created a topic in 401(k) Plans

Amending the Definition of Comp for Current Plan Year

"A client intended for their 401(k) plan to exclude bonuses from the definition of compensation for purposes of both deferrals and matching contributions. The plan document includes bonuses. The client wants to amend the plan's definition of compensation effective 1/1/2020. It's a calendar year plan. It's not a safe harbor plan. Can the amendment be retroactive to the start of the plan year?"

5 replies   |    74 views   |    Add Reply

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