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Message Boards Digest

August 14, 2023

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

Jakyasar created a topic in Retirement Plans in General

CB/DC Combo Gateway or Not for Otherwise Excludable Employees

"CB/DC combo, checking something resulted by software.

  • DC has 401k deferral+NESH+PS 401k+SH eligibility age 21 and no service i.e. immediate entry (this was amended to be effective in 2022 and on -- prior was 1 year wait)
  • PS portion eligibility age 21, 1 year service after 1000 hour service with dual entry PS allocation 1000+ hours and last day
  • CB eligibility age 21 and 1 year service after 1000 hours and dual entry
  • Overall gateway is 7.5% ow which 3% comes from NESH

Q1: EE hired on 8/15/2021 and active as of 12/31/2022 -- works 40/week -- does this employee get a PS allocation under gateway requirement?

Q2: same as Q1 except EE terminated 10/31/2022 -- does this employee get a PS allocation under gateway requirement? Q3: same as Q1 except EE was hired on 7/5/2021 and active as of 12/31/2022 -- does this employee get a PS allocation under gateway requirement?"

6 replies so far   |    Click Here to Add a Reply

Below Ground created a topic in Form 5500

Eligible for 5500-EZ with a Controlled Group?

"Before 2009 you could not use a 5500-EZ for a controlled group. Apparently, this has changed and you can use 5500-EZ if the plan qualifies as a one life plan. Basically, we have a situation with a plan that covers only the owner and has less than $250K, but is adopted by a controlled group with the same owner. One form is a proprietorship and the other is an LLC. Just want to confirm that even though there is a controlled group the5 500-EZ can be used. Also, want to confirm that no filing is needed since the trust is under $250K."

No replies yet   |    Click Here to Add a Reply

Santo Gold created a topic in Distributions and Loans, Other than QDROs

Life Insurance Policy Distribution

"I realize that the answer to this question is 'in the plan document', but I've read it and still am unsure how to proceed. Any basic guidance on this is appreciated. A 1 life plan has life insurance in it as well as other investments. The owner is getting close to retiring. He would like to terminate the plan but maintain the policy outside of the plan. In this case, is it common for him to pay the cash surrender value of the policy into the plan and then have the policy moved out of the plan and retitled as a personal life insurance policy, which would avoid any taxation on the policy at the time of the transfer? Is there any other way for him to continue the policy outside the plan, not pay the CSV into the plan and not be taxed on the CSV at the time of transfer? If he just took ownership of the policy and did not pay the CSV to the plan, he would be taxed on the CSV of the policy at the time of transfer, is that correct? FWIW, its the insurance guy who sold him the policy that is asking this questions."

6 replies so far   |    Click Here to Add a Reply

Peter Gulia created a topic in Distributions and Loans, Other than QDROs

Is There Any State That Imposes State Income Tax on a Rollover?

"A State might have an income tax law that does not follow the US Internal Revenue Code. Is anyone aware of a State’s tax law that would treat as not an income-free rollover a transaction or an amount treated as rolled over for Federal income tax purposes?"

3 replies so far   |    Click Here to Add a Reply

pmacduff created a topic in Form 5500

2022 5558 Extensions

"Just wondering what others have experienced this year -- We filed a few 5558 forms at the last minute (July 28th to be exact) and sent them via certified mail to the IRS address in Ogden, UT. (Historically, the USPS doesn't usually get a signature but we haven't had any issues and the USPS website eventually shows the package as delivered.) Anyway -- this year when I use the certified mail tracking number it still shows as 'moving through network' on the USPS tracking site. However it does show the mailing was received at the USPS Salt Lake City Distribution Center. Am I being overly concerned?"

2 replies so far   |    Click Here to Add a Reply
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