Message Boards Digest

November 22, 2022

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

nancy created a topic in Plan Document Amendments

Relius/Sungard QNEC/QMAC Forfeiture Amendment

"Does anyone have access to the Relius/Sungard amendment for a Money Purchase Volume Submitter plan? Looking for one for a takeover client."

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

Separate 204(h) Notices for Cash Balance Plan Having Multiple Groups?

"Cash balance plan with 10 groups. Some groups cover individuals (like founding member) and some groups cover multiple participants (like support staff). Benefits are to be frozen. Can 10 different 204(h) notices be provided for each group separately?"

5 replies so far   |    Click Here to Add a Reply

Jakyasar created a topic in Retirement Plans in General

Excess Assets in a Cash Balance Plan -- Allocate to the Sole Participant Rather than the Plan Sponsor?

"One life/owner-only CB plan. 3 years old. Business is sold, needs to terminate by 12/31/2022. Plan document states any excess to be reverted to the corporation (there will be no DC plan as a qualified replacement plan). The participant is nowhere near the 415 limit and the excess, if can be provided to the participant, will be eliminated.

Can the plan be amended so that the excess can be provided to the plan participant rather than being reverted to the corporation? I am aware of the 5 year rule but I've always wondered if it's only for switching from participant to the company."

4 replies so far   |    Click Here to Add a Reply

Pensions2020 created a topic in 401(k) Plans

Forcing Out Deceased Beneficiary Due to Plan Termination

"We have been attempting to terminate a plan for about a year that is with Ascensus. We have a handful of terminated employees and a deceased participant. The deceased participant's spouse does not want the funds and refuses to sign paperwork (they were estranged for many years). We would like to force them out to an IRA and finally close this Plan.

However Ascensus refuses to let this happen. They say that plan cannot terminate until beneficiary signs forms. No one else can be forced out as they want checks to be cut at same time.

I have countered that they are excercising control over Plan Assets and acting as a fiduciary but they claim that in the termination paperwork they require you to sign, the Plan Sponsor requests no one gets paid out unless they sign a form.

I don't know how many years Ascensus expects them to continue the Plan for this beneficiary. Does anyone have this experience or ideas?"

2 replies so far   |    Click Here to Add a Reply

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

Due Date for First Required Minimum Distribution from a Defined Benefit Plan

"My very first age 72 RMD. Participant turned 72 in September 2022. When is the first RMD due from a defined benefit plan? Is the accrued benefit based on the 12/31/2021 accrued benefit if starting 4/1/2023? If participant wants 2022 RMD and withdraws in December 2022, can he receive annual lump sum by 12/31/2022?"

4 replies so far   |    Click Here to Add a Reply

Belgarath created a topic in Retirement Plans in General

Definition of Highly Compensated Employee for 2023 Plan Year

"When I was doing some random browsing, I saw something on this that made be do some additional browsing. There are MANY websites out there that say you are a HCE if you had more than $150,000 compensation in 2022. Now, while true, it seems to me that this is very misleading, as some of the charts, etc. would lead someone to believe that the THRESHOLD is $150,000, rather than $135,000, so that if you had, say, $145,000 in compensation in 2022, you would not be a HCE in 2023. Are others seeing this, or getting questions due to this type of information out there?"

1 reply so far   |    Click Here to Add a Reply

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

Determining the Number of Participants After Plan Purchases Annuities for Many Retirees

"Calendar year plan with 150 participants. They are moving to purchase annuities for 70 retirees before the end of the year. We're assuming the purchase will be completed in December and the money will be transferred to the provider.

If the plan's only obligation is the 1/1/23 payment (insurance company picks up on 2/1), can they say they have 80 participants for PBGC purposes and DOL audit purposes? IOW, does the insurance company need to make the 1/1/23 payment, or because the obligation was transferred in December, the January payment isn't a 'problem'?"

No replies yet   |    Click Here to Add a Reply

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