Message Boards Digest

October 26, 2021

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

metsfan026 created a topic in 401(k) Plans

Beneficiary If No Form On File (Divorce / Biological Child / Step Children)

"Just took over a case where they didn't have any beneficiary forms on file. There is a participant who just recently passed away. He has an ex-wife, who he divorced before the Plan ever started so I don't believe she's a factor here. He has one biological child and step-children. Would his entire balance then go to his lone biological child? That's what I'm thinking, I just wanted to confirm. Thanks in advance!"
6 replies so far   |    Click Here to Add a Reply

Sue B created a topic in Defined Benefit Plans, Including Cash Balance

Admin not consistent with document

"My client is being audited by the IRS because their CB and PS plans are terminating. The TPA excluded 2 NHCEs from the CB plan "because that's what the prior TPA did", and it passed the numeric testing, but the plan document never stated that these two people should be excluded. These 2 employees were included in the PS plan, and received benefits every year there. Both plans are terminated, and assets are distributed. The IRS is asking where the benefits are for these 2 employees, because the document doesn't exclude them. The TPA isn't sure why they were excluded, but they were, and everything passed testing. But the document doesn't exclude them. What can the client do, short of going back and calculating what the benefit would have been if they were in there and dumping that into an IRA?"
7 replies so far   |    Click Here to Add a Reply

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

MHP and Transparency Bills requirements - Are broad legal compliance provisions in vendor agreements enough?

"Have you been amending your vendor agreements for MHP and transparency bill reporting/disclosure obligations despite having broad legal compliance provisions in these agreements?"
No replies yet   |    Click Here to Add a Reply

SwimmingInBowelsOfERISA created a topic in Retirement Plans in General

Unintentional Control Group Consequences

"Hello All: We are talking with a prospective client(s) that we've identified as having a control group problem between two entities (one with a 401k, one without) that they are not aware of yet. Before we recommend they fork out for an ERISA attorney to spell out their options, I'm curious what others have seen in similar situations? Obviously the cleanest option is to bend the knee the file under VCP/VFCP. However, for businesses that don't or didn't otherwise qualify as a QSLOB and had not identified this issue over a period of many years and many employees as in this case, even remediation prior to an audit can be harsh and a business decision might need to be addressed between compliance and continuity. Open to any thoughts or experiences anyone has to share! FYI I am not a TPA, but based on personal experience I am not surprised this issue wasn't addressed over the years by the existing bundled recordkeeper/administrator solution. Thanks in advance for sharing."
1 reply so far   |    Click Here to Add a Reply

Anil Sunkara created a topic in Operating a TPA or Consulting Firm

Looking to buy TPA firms of all sizes

"We are looking to purchase TPA firms of all sizes in all parts of USA. If interested please send ur info to or msg me @ (847)454-6789. Anil TSO"
No replies yet   |    Click Here to Add a Reply

Basically Green created a topic in Distributions and Loans, Other than QDROs

Participant terminating... RMD first?

"A participant is terminating/retiring. Because he is not an owner he did not have to take an RMD from the plan. Does he need to take one before he rolls his account balance into an IRA? The goal is to pay him out before the year end and we don't want to miss an RMD if he is required to take one."
2 replies so far   |    Click Here to Add a Reply

JMR created a topic in Form 5500

Reporting Life Insurance and Annuity values for 412 Plan

"What is the cash value of life insurance and annuity policies to show on Form 5500 for a 412 plan?"
1 reply so far   |    Click Here to Add a Reply

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