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Message Boards Digest

April 18, 2022

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

Leopurrd-401k created a topic in Correction of Plan Defects

5330 -- Filer Signature Can Be Electronic?

"I can't find this anywhere specifically mentioned, either in the 5330 instructions or on this board. Can the filer (not the preparer) sign the form electronically through something like DocuSign? The 5330 instructions do not say either way. The 5330 is also not listed on the irs.gov website as allowing electronic signatures for 2021. However, it would greatly help out for a project I'm working on."

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PS created a topic in Plan Terminations

Terminating Plan But One Participant's SSN Is Invalid -- and We Don't Have a Name

"Terminating plan. A participant has a bad SSN. The account was set up without a name. Don't know how this happened. Because the SSN is incorrect and we don't have a name, how can this account be handled? Does IRS provide any guidance on a bad SSN or unknown name situation?"

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Insurnacegirl555 created a topic in Form 5500

Fiduciary Insurance Covers 5500 Penalties for Failure to File?

"Does fiduciary liability insurance usually cover failure to File 5500 penalties, if it was unknown by the employer's employee that a form was required for its welfare plan? If so, what has been anyone's experience with this this type of claim?"

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Scott A. Davis created a topic in Form 5500

Are Eligible Employees Not Considered 'Participating' for Welfare Benefit Plans?

"For Welfare Benefit plans there normally is a Form 5500 filing requirement exception if not a MEWA or 'Certain Entities Claiming Exception (ECEs),' per page 3 of the 2021 instructions, bottom right item:

'1. A welfare benefit plan that covered fewer than 100 participants as of the beginning of the plan year and is unfunded, fully insured, or a combination of insured and unfunded, and which is not sbject to the Form M-1...'

Some interpret the following 'Lines 5 & 6' instructions (page 18) to include active eligible employees to those who are participating (most full-time employees are eligible at the beginning of the plan year, during Open Enrollment, while new hires also can be eligible as of the beginning of the plan year). Do you believe all active eligible employees also are counted?

   'The description of "participant" in the instructions below is only for purposes of these lines.

   An individual becomes a participant covered under an employee welfare benefit plan on the earliest of:

   [i] the date designated by the plan as the date on which the individual begins participation in the plan;

   [ii] the date on which the individual becomes eligible under theplan for a benefit subject only to occurrence of the contingencyfor which the benefit is provided; or

   [iii] the date on which the individual makes a contribution to the plan, whether voluntary or mandatory.

   See 29 CFR 2510.3-3(d)(1). This includes former employees who are receiving group health continuation coverage benefits pursuant to Part 6 of ERISA and who are covered by the employee welfare benefit plan. Covered dependents are not counted as participants. A child who is an "alternate recipient" entitled to health benefits under a qualified medical child support order (QMCSO) should not be counted as a participant for lines 5 and 6. An individual is not a participant covered under an employee welfare plan on the earliest date on which the individual (a) is ineligible to receive any benefit under the plan even if the contingency for which such benefit is provided should occur, and (b) is not designated by the plan as a participant. See 29 CFR 2510.3- 3(d)(2).'

Source:

https://www.dol.gov/sites/dolgov/files/EBSA/employers-and-advisers/plan-administration-and-compliance/reporting-and-filing/form-5500/2021-instructions.pdf

From my prior experience, the instructions for the 2019 and 2020 Forms 5500s are similar."

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RaiCMC created a topic in 401(k) Plans

Can Distribute Excess Deferrals on Deadline Day (Today, 4/18/2022) Even If Check Is Dated Tomorrow?

"We have a participant requesting for a distribution of their excess deferral today, 4/18/2022, which is the tax deadline. We can distribute the excess deferral, but the check will be dated after today, of course. Is the excess deferral deadline the day of distribution or the date on the check?"

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