Message Boards Digest

January 24, 2023

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

austin3515 created a topic in Form 5500

DFVC Website Down?

"I have a client who has not been able to process his payment since Friday, and has a tried a few times. Anyone know if the site is down? He finishes entering all of his info on the DOL side, he goes to the IRS site and enters all of his credit card information and then it tells him there was an error processing."

3 replies so far   |    Click Here to Add a Reply

Pensions on Peachtree IN PERSON April 17-18, 2023 -- Register Now!

Sponsored by Ferenczy Benefits Law Center
Ferenczy Benefits Law Center presents Pensions on Peachtree (POP) on April 17-18 in Atlanta, GA. A conference like no other -- Live and in person! Earn 15 CE credits and attend the renowned BBQ hosted by Ilene. Space is limited - Register Now!

Will.I.Am created a topic in 401(k) Plans

Catch-Up and 415 Limit for Participant Who Participates in Two 401(k) Plans Sponsored by Unrelated Entities

"I have a client who owns 40% of 3 car dealerships, the other 60% is owned by his father-in-law (30%) and uncle-in-law (30%). He then owns 100% of 4 other dealerships. He has two 401(k) plans that we administer, one plan covers the entities he owns 40% and the other plan covers the entities he owns 100%. With respect to this situation I have the following questions: [1] I have done controlled group analysis and have determined that the 3 dealerships he owns 40% are not part of the same controlled group as the entities he owns 100%; does this appear to be right? Am I missing anything? I don't think affiliated service groups applies since a car dealership isn't a service entity and I don't think a management group applies because he gets paid a W2 from each dealership, he doesn't have the dealerships pay a management company that he owns (also, I am not sure if it is a requirement for the business to be a service company to be part of a management group). [2] We have been allocating a profit sharing contribution for each plan and since I think both plans are unrelated he has a separate 415 limit in each one. One plan he does his max deferral and gets a match and maxes out to the 415 limit via profit sharing and then the other we just allocate a profit sharing contribution and max out to the 415 limit. However, he just turned 50 in 2022 so he is eligible for catch-up. My question is, if we had him fund the normal 402(g) limit (22,500 for 2023) to one plan without catch-up and then fund the catch-up (7,500) to the other plan, could he fund $73,500 to each plan? It seems wrong because he is basically using the catch-up limit twice (each plan would be using 7,500 of catch-up) but he isn't going over the 402(g) limit (he would only be funding 30,000 total in deferrals between both plans)."

1 reply so far   |    Click Here to Add a Reply

Logan401 created a topic in Cross-Tested Plans

Non-Excludable Employees with $0.00 Allocations?

"To keep this simple, I will use two HCEs and two NHCEs that are being tested for nondiscrimination. All 4 employees are non-excludable. Can one HCE & one NHCE receive an allocation, and the other HCE and NHCE receive $0.00? 410(b) test would be 100% Each employee is in their own group, and the plan does not have the SHNEC to trigger the minimum gateway."

5 replies so far   |    Click Here to Add a Reply

Peter Gulia created a topic in Form 5500

$2,586 Per Day!

"ERISA Section 502(c)(2)'s civil penalty for a failure to file an annual report is $2,586 per day. 88 Fed. Reg. 2210, 2219 (Jan. 13, 2023). If a plan's administrator is off by one year and three weeks, that's about $1 million."

No replies yet   |    Click Here to Add a Reply

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

View job as Retirement Plan Legal Specialist

Retirement Plan Legal Specialist  View details

Remote / West Harrison NY

View job as Director of Defined Benefit Operations

Director of Defined Benefit Operations  View details

Nyhart, part of FuturePlan by Ascensus
Remote / Atlanta GA

View job as Sr. Account Manager - Retirement Plans

Sr. Account Manager - Retirement Plans  View details


View job as Retirement Plan Consultant

Retirement Plan Consultant  View details

Ubiquity Retirement + Savings

►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

Copyright 2023, 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