Message Boards Digest

April 8, 2022

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

HarleyBabe created a topic in 401(k) Plans

Adding Union Employees to a 401(k) Plan -- Avoiding Plan Audit Requirement

"One of my clients is adding union employees to the company. It will take them over the 120 count. Is there a way to set a separate plan to avoid this. Although the same owner will own the company although he doesn't participate, still a controlled group because of it, so I'm thinking no, but am I missing a way to avoid this? BTW, it's a plain vanilla 401(k) plan."

3 replies so far   |    Click Here to Add a Reply

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

Medical Support Order Questions

"We received a Medical Support Order in the form found on the HHS website:

  1. The form seems a bit lacking to me. The rules for QMSOs require the Order to include, among other things, [1] a reasonable description of the type of coverage to be provided, and [2] the period to which such order applies. This Order doesn't seem to do either -- they checked the box for 'medical' coverage, but we have several options, and I don't see a place to put down the period of coverage anywhere. That said, it is a model document from the Federal government, so has it already been deemed sufficient?
  2. Since we have several medical options, do we just contact the participant and tell him he has to pick an option that provides for dependent coverage?
  3. If the participant signs up, and he is married, can he also sign up his spouse? I would think this counts as an open enrollment window for him and the dependent, but not for the spouse.
  4. If the participant is on his spouse's insurance, can he just add the dependent there rather than having to enter our plan (I assume this would require a different QMSO relating to the spouse's plan)?"
1 reply so far   |    Click Here to Add a Reply

Tom created a topic in Retirement Plans in General

401(k) Participant Count for Audit Requirement

"I have a client who is hoping their audit requirement is eliminated for 2021. The active/eligible participants plus inactive with a plan balance as of 1/1/2021 are 98. A fixed match true-up was calculated and funded in 2021 for those eligible in 2020. Included in the true-up were 3 participants who terminated in 2020 and had no plan balance as of 1/1/2021. So their plan balance was zero on 1/1/2021, then the small match true-up was deposited in mid-2021 and then they had that paid out as well. So they had no plan balance as of 1/1/2021 unless you count their true-up A/R. If we count them as participants with a balance as of 1/1/2021, then the count is 101. The plan reports on the 5500 and audit on a cash basis.

I suspect everyone will say get the audit to be sure and that is what I wil tell them. I did look at 1/1/2022 as well which is clearly 98 and so 2021 will be the last year (for now) which I guess is the silver lining. Just curious about comments at this point. I will tell the client to get the audit."

1 reply so far   |    Click Here to Add a Reply

Santo Gold created a topic in Form 5500

Small Employer Failed to File a 2019 5500 and Received an IRS Letter

"The IRS letter suggested DFVC is an option if the DFVC requirements are met. The only requirement I could find is that the plan has not been contacted by the DOL about the late filing, which they have not, but the IRS has contacted them. Can they use the DFVC then in this instance?"

2 replies so far   |    Click Here to Add a Reply

01123 created a topic in Plan Document Amendments

Prototype Document Can Provide Separate Allocation Group for Each Participant?

"Are prototype documents allowed to use language that effectively allows for each participant to constitute their allocation group for purposes of a profit sharing allocation? Effectively the employer is allowed to choose the amount each participant gets in terms of a profit sharing allocation... assuming you are passing top heavy and whatever testing is necessary (general test/cross test). I have only administered volume submitter and individually designed plans. I have read through 2 or 3 adoption agreements and have not seen anything like this in a prototype document."

2 replies so far   |    Click Here to Add a Reply

JustMe created a topic in Defined Benefit Plans, Including Cash Balance

Use Full Calendar Year for a Cash Balance Plan Started Mid-Year by a Newly Created Plan Sponsor?

"Can a cash balance plan have a full calendar year plan (i.e., effective date of 1/1) if the entity only came into existence in the middle of the year?"

1 reply so far   |    Click Here to Add a Reply

Here are the most recently posted jobs on, a service of BenefitsLink:

View job as Cash Balance Retirement Account Administrator

Cash Balance Retirement Account Administrator  View details

Remote / MI / MN / ND / NH

View job as Retirement Account Administrator, Senior

Retirement Account Administrator, Senior  View details


View job as Implementation Specialist

Implementation Specialist  View details

Nova 401(k) Associates
Remote / Houston TX / Scottsdale AZ

View job as Defined Benefits Administrator

Defined Benefits Administrator  View details

California Benefit Planners
Pasadena CA

View job as ESOP Administrator

ESOP Administrator  View details

Blue Ridge ESOP Associates

View job as Relationship Manager

Relationship Manager  View details


View job as Pension Analyst

Pension Analyst  View details

Dynamic Pension Services, Inc.
Remote / Dayton OH

View job as Employee Benefits Investigator (English and/or Spanish)

Employee Benefits Investigator (English and/or Spanish)  View details

Employee Benefits Security Administration [EBSA]
Remote / Fort Lauderdale FL / Atlanta GA

View job as Client Transition Supervisor

Client Transition Supervisor  View details


View job as Inquisitive DC Account Manager

Inquisitive DC Account Manager  View details

Nova 401(k) Associates
Remote / Houston TX / Scottsdale AZ

View job as Fiduciary Service Consultant

Fiduciary Service Consultant  View details

Definiti LLC
Remote / Findlay OH

►View More Jobs

►Post a Job

►Get Instant Job Alerts, Inc.
56 Creeksong Road
Whittier NC 28789
(407) 644-4146

Lois Baker, J.D., President
David Rhett Baker, J.D., Editor and Publisher
Holly Horton, Business Manager

Copyright 2022, Inc. All materials contained in this mailing are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of, Inc., or in the case of third party materials, the owner of those materials. You may not alter or remove any trademark, copyright or other notices from copies of the content.

Links to web sites other than and are offered as a service to our readers; we were not involved in their production and are not responsible for their content.

Unsubscribe | Privacy Policy