Message Boards Digest

June 10, 2021

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

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


"I have an individual client who's employer is stating he voluntarily terminated employment because of job abandonment. However, he did not abandon his job but left (with the employers permission) on a Tuesday after they refused to pay him a commission on a large deal which violated his employment agreement because he was very upset. His attorney sent the employer a demand letter the next day requesting how they were changing his prior employment agreement and indicated the employee would be taking vacation days until the employer responded. The issue is that employer is stating he voluntarily resigned when he didn't and wanted to remain working there but couldn't get them to agree that they were changing his employment agreement. He elected COBRA, (the employer has less than 20 employees so it officially falls under the state continuation plan) but without knowing the monthly premium cost. When he received the amounts($3,400/month for he and his family), he did not proceed with COBRA and didn't make any payments. He is still within his COBRA eligibility window and therefore submitted his request for treatment as an AEI, but the employer returned it to him denying coverage due to "loss of employment was voluntary". The DOL/EBSA cannot assist because they don't have jurisdiction over state continuation plans and his state department of insurance is indicating they can only help with Insurance Company or Agent issues. Does anyone have any suggestions on how he can either get this resolved or where he can get legal assistance? Most of the law firms he has spoken to deal with employers and not individuals so he's at a loss of where to turn. Thanks in advance for your thoughts! C"
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mlp0816 created a topic in Retirement Plans in General

Retirement Plan Roles and Industry Compensation Study

"Looking for a study that defines roles/titles as well as compensation levels for the employer-sponsored retirement plan industry. As our team grows it's important for us to have an idea of what the industry is calling for so we stay competitive. Hoping someone has a resource or contact."

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NW529 created a topic in 401(k) Plans

Catch-Up Eligible Employee Across Unrelated Employers in One MEP

"We have a catch-up eligible employee who is participating in two 'plans' adopted by unrelated employers. The employers are part of the same MEP, but tested separately. If the participant is due an ADP test refund in both plans, can we use up to $6,500 catch up to offset in each plan? I believe the regs allow catch up offset exceeding $6,500 across unrelated employers in SEPs, but we are wondering if the same rules apply to an MEP."

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Stash026 created a topic in 401(k) Plans

Deductibility of Delinquent Contributions

"I have a new client that hadn't funded a required contribution for multiple years. They funded those contributions, with added interest, in '21. The question is, when are these contributions deductible on their taxes (they hadn't been taking the deduction, since the contribution had never been made)? [1] Is it deductible in the year it was originally due? [2] Can they take the deduction in 2020 (it was funded in early '21, before the due date of ER contributions)? [3] Is it deductible in 2021, because that's the year it was made?"

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Santo Gold created a topic in Distributions and Loans, Other than QDROs

Is RMD Required at Plan Termination Despite Rollover Opportunity to Plan of Acquiring Company?

"We have a 401(k) plan participant with a balance in the plan, DOB in 1946, still employed, is a non-Key Employee. This year (2021), the company was purchased by another business. The old company is no longer in existence and the 401k plan is being terminated (not a plan merger). The new owner has hired most of the prior company's employees, including the above individual, and is crediting service with the prior business for all purposes in the new owner's 401k plan. Balances from the old plan can be rolled into the new plan immediately. Would an RMD be needed for this individual this year? Should we do the RMD before she rolls her balance into the new employer's plan or after the rollover? And if an RMD is required from the old plan, would it be required from the new plan in subsequent years even though she would continue to be employed?"

1 reply so far   |    Click Here to Add a Reply

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Dunbar, Bender & Zapf, Inc.
Telecommute / Pittsburgh PA

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Defined Contribution Pension Plan Administrator  View details

The Angell Pension Group, Inc.

View job as Product Support Consultant

Product Support Consultant  View details part of Wolters Kluwer Legal & Regulatory

View job as Sr. Retirement Plan Administrator

Sr. Retirement Plan Administrator  View details

Compass Retirement Consulting Group
Telecommute / Stratham NH

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Employee Benefits/Health and Welfare Attorney  View details

Miller Johnson
Telecommute / Grand Rapids MI / Kalamazoo MI / Detroit MI

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