Message Boards Digest

March 17, 2023

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

Tom created a topic in 401(k) Plans

Plan Sponsor Is 100% Owned by an ESOP - Who Is a Key Employee?

"I've been provided names of corporate officers and those who are on the ESOP Board of Directors. The 5 corporate officers are also on the ESOP board of directors plus the ESOP board has another 9 individuals -- so potentially 14 'officers.' I realize to be a key employee they must have wages of $200,000 for 2022. That will eliminate most of them. I assume both corporate officers and ESOP directors are considered 'officers' for top heavy purposes? Top heavy testing for large clients like this (350 employees) who make no employer contribution is always very concerning. They've been a long way from being top heavy but we certainly want to build in the correct data in this determination. I'd normally want to push this client off to another TPA but they came from one of our best referral sources."

1 reply so far   |    Click Here to Add a Reply

justatester created a topic in 401(k) Plans

Allocation Conditions for Profit Sharing Contribution Include 'Date Contribution Declared'

"I have a client that wants to declare a profit sharing allocation. The Document currently has a last day/1000 hours. However, they want to have the allocation condition be 'you must be an employee on the day it is declared.' The plans sponsor declared the PS contribution effective 2/13/2023 based on 2022 plan year compensation. Would this be permissible? Would the contribution be a 2022 or 2023 plan year contribution?"

6 replies so far   |    Click Here to Add a Reply

kgr12 created a topic in Health Plans (Including ACA, COBRA, HIPAA)

COBRA Premium for Uninsured Fully Self-Funded Benefits

"An employer offers a couple of medical benefits (medical travel, infertility) to the extent not otherwise covered by insurance and which are completely self-funded, i.e. paid entirely out of general funds and not backed up by stop-loss. There is no employee pay portion and there is no enrollment, all employees are covered by virtue of being an employee. COBRA seems to apply - the fundamental question is, what is the COBRA premium, if any, and can the employer require the employee to make an affirmative election for continuation coverage in the absence of any "premium" per se or would the employer have to offer it to all separated employees since there is no premium? The medical travel benefit is entirely new, so there's no experiential cost to the employer as of yet, but the infertility benefit has been in place for a number of years, so could you hack up the claims experience of that benefit to arrive at a "premium?" Since the employer can charge "up to" 102% of the premium cost, if it's too difficult to arrive at what the premium would be, could the employer simply decide that it will charge zero, but the employee must still make an affirmative election to continue coverage?"

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DDB BN created a topic in 401(k) Plans

RMD Timing When Deceased Participants Benefit Was Rolled Over to an IRA in a QTIP Trust for Spouse

"A Participant (Owner) in a 401k PS plan died in July 2022 and his benefit was rolled over to an IRA QTIP Trust for his Spouse in October 2022. He would have been 72 in September 2022 and his RBD would have been 04/01/2023 had he not passed away. Now that his benefit was rolled over to an IRA QTIP Trust, is the RMD for 2023 based on the deceased Participant's DOB or the Spouse's DOB? Is the RMD to be distributed based on the deceased Participant's RMD age or the Spouse's RMD age?"

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fmsinc created a topic in Governmental Plans

Authentication of Data on Federal Government Websites for TSP QDRO

"I have had an inquiry from an attorney representing the future Payee of a TSP account. They have in hand the value of the Participant's TSP account funds at the time of marriage (non-marital), and need to determine the growth of those non-marital fund amounts from the date of marriage to the date of the divorce. I showed them how to use the share price history website to do that to show the growth in the share price between the two relevant dates. But the attorney for the Participant will not accept the TSP website data as authentic. and it looks like the matter will have to be decided by the court. Is there a US Code or CFR regulation that makes the website numbers on a Federal agency website presumptively authentic so that the court can take judicial notice? In this case of would be the Federal Retirement Thrift Investment Board and the TSP. Or is there some way to get a 'business record' certification of the share price history between two dates? Thanks, David"

1 reply so far   |    Click Here to Add a Reply

Belgarath created a topic in Correction of Plan Defects

Scrivener Error - Self-Correction vs. VCP

"Any opinions as to whether the SECURE 2.0 Section 305 will prompt the IRS to allow self-correction of scrivener errors? I'm guessing not, but it sure would be nice. For example (just saw this recently) safe harbor 3% nonelective, with an additional PS discretionary, was amended in 2021, mid year, to exclude a category of compensation for PS allocation purposes. Since 1,000 hour/last day for the PS, no problem. Problem is that on the AA amendment, wrong box was checked -- instead of checking the box to carve this out to exclude for PS purposes only for 2021, it was checked to exclude for all purposes. Clearly unintended, client made the appropriate safe harbor contribution for 2021, etc. Now, technically this amendment appears to violate 1.401(k)-3(g), and would cause the plan to require ADP testing for 2021, etc. -- a pretty harsh outcome. So a VCP filing appears to be required to correct this. Allowing as a Scrivener error would be much nicer. To be fair, I can see why the IRS generally is leery about allowing self correction for Scrivener error, as it might allow some pretty creative 'revisionist history' on plans which isn't justified."

2 replies so far   |    Click Here to Add a Reply

Jakyasar created a topic in Retirement Plans in General

QRP (Qualified Replacement Plan) - Correcting Deposit Made in Error

"Hi A client who uses their DC plan as a QRP made a big booboo last year which I just found out. For 2021, they used 65k of the QRP as mandated (1/7th) and allocated from the suspense account to the individual account in 2022. No problem for 2021. However, unbeknownst to me, later in 2022, the client deposited 60k in their account (owner only) by mistake, it was not intended as they are fully aware of the QRP requirements. For 2022, according to the suspense account balance and 1/6th rule, they need to use 60k of the QRP. Given that this is 3 person pension plan, is there a way to correct this i.e. client refunds the deposit made in error during 2022 with interest adjustment back to the biz account? I do not see how but.... Otherwise, as the owner is almost at 415c limit, the 60k pretty much will have to be allocated to the 2 rank&file employees (both make 50k in salary and unfortunately one of them is the spouse of the owner aka HCE). I have never seen this before in all my dealings with QRP and wanted to ask if there is a way to correct this?"

1 reply so far   |    Click Here to Add a Reply

Basically created a topic in Qualified Domestic Relations Orders (QDROs)

QDRO Payout Eligible for Rollover to Another Plan?

"Bob the doctor has a plan. He and his wife are divorcing. She gets a payout ordered by a QDRO. Can her payout be rolled into her own plan? (she sponsors a single member plan of her own)."

3 replies so far   |    Click Here to Add a Reply

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