Message Boards Digest

October 21, 2020

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

ERISA-Bubs created a topic in Health Plans (Including ACA, COBRA, HIPAA)

COBRA Coverage Required?

"We have a couple former employees who are in our medical plan because they left on Long Term Disability -- our medical plan says former employees on LTD remain eligible. The medical plan is being amended to no longer cover employees on LTD. Normally, this wouldn't trigger COBRA, but, since we never offered COBRA when these employees initially left employment, do we need to offer them COBRA now? Thank you!"
3 replies   |    30 views   |    Add Reply

TPApril created a topic in 401(k) Plans

Professional Firm - can dissolved Partner leave account

"General Partnership with individual ALC's and the main company's employees within a single PS plan. One of the member ALC's is terminating his relationship with the firm and leaving practice but would like to leave his account within the plan. I'm not sure if that is possible without having a formal entity anymore?"
3 replies   |    33 views   |    Add Reply

Cindy701 created a topic in Estate Planning Aspects of IRAs and Retirement Plans

Can a sneaky spouse draw and sell esop stock from a qualified plan to an individual IRA and have transfer on death to alternate beneficiary

"My husband recently retired, he has been lieing to me for years about his finances. I trusted him. His company matched, mine didn't. I am a tax preparer and certain flags were raised. He pulled money out of the qualified plan but reinvested in a personal investment with a transfer on death to someone other than me. This year he has moved about 300k in the same manner. And this is just the tip of the iceberg. Is this legal, can I fight It? All his secret savings and checking account have POD other than myself. I retain home and my office, due to survivorship rights, so I will be so cash poor, I will lose both properties. I won't even be able to keep utilities on. I show 70,000 debt he has 1.5 million in investments and 500k in savings checking and cash. He has always had me pay the bills so he could do the investing. I quit paying bills 5 years ago when I caught him cheating on me. He pays nothing of mine and never has. Is all this legal? I know it is not morally right. 27 years of marriage. I had no debt he had 20,000 debt coming into the marriage."

2 replies   |    38 views   |    Add Reply

austin3515 created a topic in 401(k) Plans

Things That Make You Go Hmmm...

"So my mind starting twisting around in circles over this question. A solo 401(k) plan is exempt from ERISA and therefore presumably exempt from the new "Long-Term Part Time" employee rules. Or is it? Because if it is not exempt from those rules, there are an awful lot of solo 401k plans that will no longer be solo 401k plans. And that would really make me go Hmmm.... Anyone know what the story is?"

16 replies   |    125 views   |    Add Reply

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