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Message Boards Digest

January 4, 2021

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

Jeff_pg created a topic in 401(k) Plans

Who's Responsible for Deferral Change Request Failure? Participant or the Plan Sponsor?

"Here are the facts: 1) A participant submitted a written request to their employer to raise their deferral rate. The written request was received and acknowledged by the employer (voice and email). 2) In the acknowledgement email from the employer, they told the participant to expect an email confirmation from the record-keeper. 3) At year-end, the participant realized they never did receive a confirmation from the record-keeping, and their request to raise their deferral rate was not implemented. 4) When the participant contacted the employer, the employer said the participant should have noticed that they didn't receive a confirmation from the record-keeper of their request. Consequently, the employer deems the participant responsible for the mistake, and the employer won't make the retroactive corrections. Who is responsible for the mistake? The participant or the plan sponsor?"
10 replies   |    115 views   |    Add Reply

Mongo created a topic in Qualified Domestic Relations Orders (QDROs)

QDRO MODIFICATION

"I had a QDRO done back in 2015 (California). My date of marriage were 12/2000, my date of separation was 5/2011 and divorce was final on 11/2014. I was looking over some old files and the figure used for the QDRO was gathered from my 401K Plan on 12/2015, and lets say it was $362K higher than the plan balance on our date of separation. The alternate payee received close to 300K (compared to the $216 I believe she should have received) which was separated and placed into an IRA for her. As far as I know she hasn't taken the payment yet. Do I have any grounds to appeal this? They clearly used the wrong valuation date in my opinion. What options do I have? Or am I just missing something? Below is what my plan guidelines outline for AP. Amount to be paid to the Alternate Payee. This order hereby awards, assigns and grants to the Alternate Payee and, as otherwise provided in this Order, the Plan shall pay to the Alternate Payee an amount equal to ____ percent of the total account balance of the Participant’s account accumulated under the Plan as of [specified date], plus any interest, earnings, investment income, gains, and increases, or losses, attributable thereon from such date until the date of total distribution to Alternate Payee. For purposes of determining the value of the Participant’s account in the Plan, outstanding loan balances as of the relevant date (shall or shall not) be taken into account"
2 replies   |    36 views   |    Add Reply

Santo Gold created a topic in Retirement Plans in General

Can a management group establish a retirement plan?

"Happy New Year everyone. Any help is appreciated. If more information is needed let me know. Around 50 doctors/partners in a medical management group. Each partner receives a K-1 of around $100,000 annually from the management group. The same doctors are also part of a very large regional hospital network from which they are maxed out in that the 401k and DB plan through the hospital. Their compensation directly from the hospital is over 7 figures. Can they establish a retirement plan through the management company and, assuming no discrimination problems, max out with a 401k and/or cash balance plan as well? Thank you"
2 replies   |    35 views   |    Add Reply

MarZDoates created a topic in Form 5500

Record DFVCP Filing

"Is there a way to check to see if a late 5500 was through DFVCP? I can see on the EFAST website that the filing was accepted (late), but I don't have a record that it was filed through DVFCP confirming payment of the $750 fee."

0 replies   |    10 views   |    Add Reply

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