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Message Boards Digest

November 3, 2021

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

PS created a topic in Plan Terminations

Non-Prototype Plan Converted to a Prototype Plan without Amendments

"A plan sponsor changed its non-prototype plan to a prototype 401k plan. It also has an ESOP, with a different recordkeeper. The plan sponsor failed to amend the plan document when it was change from a non-prototype to a prototype. The plan sponsor has sent us the document stating it amended the plan to include ESOP feature effective 7/31/202. I believe they cannot do such an amendment on their own and that it should be done by us because we are recordkeeper for the 401k plan. Do you agree? The plan sponsor states it was advised by their lawyers that when a Roth provision was added for ESOP purposes it required the creation of a KSOP. They also were told that this required (per government rules) both 401(k) and KSOP features in a single document because they could not be separate documents. Any thoughts how we can proceed with the termination on the 401k plan?"

2 replies so far   |    Click Here to Add a Reply
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Santo Gold created a topic in Distributions and Loans, Other than QDROs

Rehired Participant Wants Distribution Due to 1-Day Termination of Employment

"A participant left employment for 1 day and then was rehired. She's still employed. She wants to take her money out of the 401k plan due to her being unemployed for that 1 day. Because she's back in service, that wouldn't be legal, correct? No other in-service withdrawal provisions apply."

5 replies so far   |    Click Here to Add a Reply

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

Premium Surcharge for Unvaccinated Spouses/Dependents

"I'm trying to better understand the potential HIPAA discount/surcharge issues where spouses and dependents are involved (setting aside ADA, GINA, etc. for the moment). Is it permissible to require all covered individuals (or perhaps at least spouses and adult dependent children) to be vaccinated to receive the discount (or avoid the surcharge)? I don't see the nondiscrimination regulations drawing a clear distinction, other than allowing the 30% incentive limit to be determined based on the cost of coverage including spouses/dependents where the spouse/dependent is also eligible for the incentive. Or if the employee alone (or spouse alone) gets vaccinated, do you have to extend a partial incentive based on their individual compliance with the requirements?"

No replies yet   |    Click Here to Add a Reply

TPApril created a topic in 401(k) Plans

Owner's Spouse Terminates Employment; Can Continue as a Trustee?

"Owner-only plan's spouse has terminated employment so is now a terminated vested participant. Is it common in this situation to remove the spouse as the second trustee on the plan?"

2 replies so far   |    Click Here to Add a Reply

SFlannery-Nova created a topic in Defined Benefit Plans, Including Cash Balance

Combined Deduction Limit in Year PBGC Coverage Ceases

"A plan sponsor sponsors both a DC and CB plan. As of 1/1/2021 the CB Plan is PBGC-covered. As of 1/1/2021 there are two participants: the business owner and one other participant. The other participant is paid out during 2021 and a PBGC coverage determination filing is made. The PBGC determines that as of 10/1/2021 the CB Plan is no longer covered. As a result, does the combined deduction limit (the 31% limit is not really practical for this plan, so it would be the CB contribution + 6% on the DC side) apply for 2021?"

4 replies so far   |    Click Here to Add a Reply

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

RMD Situation Involving Owner-Only Plan That's Terminating

"A physician is taking down his shingle. He was born 1/6/1951. I've been reading and here is what I found.... The beginning date is determined as follows (from the IRS site):

  • April 1 of the year following the later of the year you turn 72 (70½ if you reach 70½ before January 1, 2020) or the year you retire (if allowed by your plan). If you are a 5% owner, you must start RMDs by April 1 of the year following the year you turn 72 (70½ if you reach 70 ½ before January 1, 2020).

So... First, he was not 70½ before 1/1/20 so he shouldn't need to take an RMD until he is 72 but he is a 5% owner... and he is retiring. Can he just roll his money into an IRA or does he need to take an RMD first?"

1 reply so far   |    Click Here to Add a Reply

Jakyasar created a topic in Retirement Plans in General

Distributions to Active Participants Done Without Plan Termination

"Sponsor has a PS plan. Sponsor intended to merge (or terminate the existing plan and join -- it's not clear) with another group of plans and add 401k feature. Sponsor, without taking any formal action, provides distributions to all participants, mostly active employees. All happened in May of 2021. Sponsor decides not to join the other group and continue with his PS plan and also amend for 2022 by adding 401k feature. What can be done here to correct all?"

1 reply so far   |    Click Here to Add a Reply

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