Message Boards Digest

October 7, 2021

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

Ananda created a topic in Plan Terminations

'Procedural Requirements Checklist' Required for Form 5310?

"When filing the 5310 to terminate a plan, is there a requirement to submit and fill out the Procedural Requirement Checklist? I previously used this checklist as a frame of reference and reminder as to what has to be filed with the 5310. I'm not aware of any requirement that this checklist has to be completed and filed with the 5310."

No replies yet   |    Click Here to Add a Reply

Basically Green created a topic in Retirement Plans in General

Do These 3 Small Businesses Constitute a Controlled Group?

"A client has 3 small businesses...

  1. Lawn Service
  2. Professional power sweeping company
  3. Investment properties

While they sound like they would all be using each other's services, I am told they do not at all. Businesses #1 and #2 each have 1 employee + himself.... #3 is just him. Can he open a solo 401(k) plan for business #3 and not worry about the other 2? Or are we dealing with a controlled group?

I recall reading another thread where the situation was similar but the other businesses were owned by a spouse therefore there wasn't a controlled group. He makes lots more money investing in real estate than the other 2 businesses combined."

2 replies so far   |    Click Here to Add a Reply

Mr Bagwell created a topic in 401(k) Plans

Top Heavy Contribution Required When All Employees Terminated Mid-Year?

"We have a plan that will be terminating in 2021 at some point. Date has not been determined. The employer has been sold to new entity. Employees were terminated 6/30/2021. The plan is Top-Heavy as of 12/31/2020. Any non-key employee who is a participant and was employed by the employer on the last day of the plan year is entitled to a top heavy minimum. Is it too simple to say the the plan is terminating as of 11/1/2021 and therefore no top heavy contribution is required?"

2 replies so far   |    Click Here to Add a Reply

RayJJohnsonJr created a topic in Form 5500

Can Plan Tax IDs Be Found on the Internet?

"Can a plan's tax ID be found on the internet? The online 5500 data only shows the employer IDs. Are plan tax IDs kept private?"

5 replies so far   |    Click Here to Add a Reply

ppht created a topic in 401(k) Plans

Withdrawal of Less Than All of My 401(k) at Termination of Employment

"I am on H1B VISA and currently work for a company in the United States. I'm not a U.S. citizen. I need to go back to my country next year, and I'm planning to resign before leaving. I'm 40 years old.

[1] Can I withdraw 401k money every year? Say I have $100K. Could I withdraw $25,000 instead of withdrawal of the whole $100K? [2] If I withdraw just $25,000 and I don't have income in my country, does my tax bracket come down to 20% or below, and my federal income tax would be based on that? [3] I need the money to buy a house in my home country. If I take out a 401k loan but I turn out not to have the income needed to pay it back, what are my options?"

1 reply so far   |    Click Here to Add a Reply

Redcloud created a topic in Using the Message Boards (a.k.a. Forums)

Law Student Considers Thesis for a Paper on ERISA Fiduciary Duties

"I'm in law school writing a paper on ERISA, and I'm trying to work this out in my head. I'm thinking about the fiduciary duties of a plan administrator and how that coincides with possible discrimination backpay awards that may affect the plan.

Possible scenario: hundreds or thousands of employees are discriminated against and part of being made whole again involves backpaying them, not only for their actual wages lost due to the discrimination, but monies lost from a benefit plan that they would of had if they were being paid the correct wage. Of course, this scenario is predicated on a plan that is funded based on the employee's salary. So, now the plan is possibly subject to backpay to make these employees whole again.

Another possible scenario: what about a group of employees who've been working for years with a company only to find out they have been discriminated against? Not only have they not received their proper wage but they don't have as much money in their plan as they should because their contribution was based on their salary. Over the course of years, given interest, this adds up. How would a situation like this be handled when trying to make the employee whole again?

How are premiums calculated in a retirement plan? Do most plans already account for any possible retroactive relief or harm to the plan?

Possible Thesis: Under ERISA, a plan administrator should have a fiduciary duty to mitigate damages to the plan when an employee files an EEOC charge alleging discriminatory practices by the employer that could result in a retroactive relief being awarded to the employee.

I'm not sure if I have anything here, or if any of this is plausible or relevant. Any advice/comments are more than welcome to help me narrow this down."

5 replies so far   |    Click Here to Add a Reply

metsfan026 created a topic in 401(k) Plans

Top Heavy Contribution Required Because Sole Key Employee Made a Salary Deferral?

"Plan is Top Heavy for 2020. The only contributions made into the Plan in '20 were by a Key employee (the only one) making a 401(k) contribution. No other Employer money was contributed. Is the employer required to make a 3% Top Heavy to all non-Key employees?"

6 replies so far   |    Click Here to Add a Reply

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