Message Boards Digest

December 28, 2020

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

arthurkagan created a topic in SEP, SARSEP and SIMPLE Plans

Forgot to Take Deduction for SEP Contribution

"Owner has S Corporation, and takes W-2 pay annually. Only other employee of corporation is wife, who also receives W-2. Owner made SEP contributions for several past years, but did not take tax deduction on corporate tax return. Can owner prepare revised tax returns for past year to claim deduction? Can owner take tax deduction in current year for past years accumulated missed tax deductions, i.e., can it be carried forward? What other options are available to capture past years missed tax deductions? Suppose in one of the past years, the SEP contribution was greater than 25% of the W-2 amount, or exceeded the dollar limit for SEP contributions. Could the excess be carried forward?"

2 replies   |    54 views   |    Add Reply

Sharkano created a topic in Health Plans (Including ACA, COBRA, HIPAA)

Second Bite at COBRA Apple If Former Employee Moves Out of HMO Service Area?

"I have seen various posts that say that if you have an HMO and leave employment to go to another state where the HMO would be useless, that if the employer has a more standard plan they offer to employees that would give you benefits, COBRA requires the employer allow you to switch plans even if not a normal open enrollment period. However, I have never seen a cite to a statute or regulation that says this. Anyone have any idea where I can point the employer to?"

1 reply   |    37 views   |    Add Reply

Peter Gulia created a topic in Retirement Plans in General

Which Is Better: A State-Run IRA Program or a 401(k) Plan?

"Consider this not-entirely-imaginary work setting:

The employer has no retirement plan, and no payroll practice for retirement contributions. The employer wants to allow its employees to save for retirement, but will provide no nonelective or matching contribution. None of the employees, including the deemed-employee business owner, wants to save (and none can afford to save) more than an amount within the IRA contribution limit. The business owner is the only worker who would be treated as a highly-compensated employee. This small-business employer and its startup plan would have no purchasing power in negotiating fees for a retirement plan's investments or services. So, assume a recordkeeper's and other service providers' rack rates. The employer is unwilling to pay any of the plan's expenses; everything must be charged to participants' accounts. The employer will not consider an employer-sponsored retirement plan unless the employer can arrange the maximum delegation of fiduciary responsibilities--a pooled-employer plan or, for a single-employer plan, using a Section 3(16) administrator, a Section 3(38) investment manager (to select the plan's investment alternatives), and a trustee, with all those services paid from participants' accounts. All employees live and work in a State that offers a State-run payroll-deduction program for IRA contributions. The program allows Roth and non-Roth contributions. The State's arrangements cap the expenses of the State-run IRA program at 100 basis points (expressed yearly) of accounts' assets. This employer asks for your unbiased advice about whether it should arrange a 401(k) plan, or join the State-run IRA program.

Which do you advise, and what reasoning do you explain to support your advice?"

4 replies   |    54 views   |    Add Reply

sam248 created a topic in 401(k) Plans

Discovered a Mistaken Employer Contribution to My Account

"Former employee requests 401K rollover on 12/4/19. On 12/31/19, funds are erroneously applied to their account. On 1/16/20 owner of the company approves rollover (signing section 11 of the rollover forms). All funds (including those erroneously applied) are transferred. Third-party administration company review discovers the overfunding. Former employer/company sends notice to former address but former employee does not receive. Former employer/company hires debt collector to obtain the overfunded amount. [1] Does the signed approval to rollover the funds by the owner mean that all the funds (including those erroneously overfunded) are essentially now the former employee's? [2] If not, don't these funds need to be transferred back through rollover and not provided to a third-party debt collector through a cash payment? [3] What happens if the funds have lost their value in the stock market since they were incorrectly transferred? [4] Should the former employee have to pay interest to the debt collector on these funds? Any advice for the former employee? Because yes, that's me."

6 replies   |    62 views   |    Add Reply

BG5150 created a topic in 401(k) Plans

Employer in Controlled Group Never Adopted the Plan, But Participated

"Controlled group with 4 companies. Only 3 of them adopted the plan, but all four companies are participating. Can we do a retroactive amendment having the missing company adopt the plan back to 2013?"

2 replies   |    35 views   |    Add Reply

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