BenefitsLink® Message Boards Digest

November 17, 2023

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

Coleboy1 created a topic in 401(k) Plans

LTPT and Per Diem Employees

"I have 2 plans that exclude per diem employees. Under the LTPT rules becoming effective soon, would these per diem employees now be allowed to participate in the plan?"

5 replies so far   |    Click Here to Add a Reply

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Susan S. created a topic in Distributions and Loans, Other than QDROs

Participant Loan after Rehire

"Participant with a loan terminated and was rehired 6 weeks later. Loan program specifies that the loan is in default upon termination, however, the loan has not yet been defaulted with the recordkeeper and there was no distribution of the remaining balance. Is there any loophole that would allow the loan to be reinstated and the employee to continue repayment? Does the Tax Cuts and Jobs Act allowing until the due date of the employee's tax return for repayment after termination come into play?"

5 replies so far   |    Click Here to Add a Reply

TPApril created a topic in Distributions and Loans, Other than QDROs

In Service Distributions After RMD

"When a plan allows for in-service distributions, and the owner participant has already taken their RMD, the additional distribution is subject to the mandatory 20% federal tax withholding. Is there an exception that if you are over RMD age, the additional distribution is not subject to the 20% tax requirement?"

1 reply so far   |    Click Here to Add a Reply

austin3515 created a topic in 401(k) Plans

SECURE Act: Timing of Tax Credits vs. Actual Contribution

"Employer Contribution for 2023 funded in 2024. The tax credit is towards 2023 taxes, right?"

12 replies so far   |    Click Here to Add a Reply

pixiebear created a topic in 401(k) Plans

1099-R Reporting of Corrective Distributions for 3 Plan Years

"We have a 401(k) plan in which we need to make a corrective distribution to an employee who made 401(k) deferrals in 2021, 2022 and 2023 but we have now determined was not eligible to make the 401(k) deferrals to the plan in those years. I understand that we have to calculate the gains on those deferrals and include them in the distribution but does each year's correction need to be reported on a separate 1099-R for that year or would the entire corrective distribution be reported on a 2023 1099-R?"

1 reply so far   |    Click Here to Add a Reply

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

Amending a QDRO

"My divorce decree states we agreed that I would receive 50% of 15yrs of my ex-spouses retirement. He just retired and I was told that when he passes I will no longer receive the retirement. If my divorce decree says differently than what was worded in the QDRO is there a chance of amending it."

2 replies so far   |    Click Here to Add a Reply

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

Correction of DC Contribution for Sole Proprietor Adding a CB Plan

"A client (sole-proprietorship, one person, income way over IRS comp limit) has decided to install a CB plan for 2023. Unfortunately, he has already fully funded his 'solo 401(k)' plan at full $66,000. So now he has to remove the excess of $23,700 (plus earnings). His 'solo 401(k)' is with one of the Big 3 (Schwab, Fidelity, Vanguard) using their simplified 'solo 401(k)' documents which does not allow for 'voluntary after-tax' nor for in-plan Roth conversion.

"Is the following approach available (all done before December 31st): [1] Restate his plan using the customized plan document which will allow for VAT and In-Plan Roth conversion [2] Treat the excess of $23,700 as after-tax deposit [3] Do In-Plan Roth conversion of $23,700 (plus earnings) Normally, I would say no on account of timing of the deposit being made before the provision is in the document. However, I am wondering if the sole-proprietorship nature of the business changes the answer since all the compensation is deemed to be earned on December 31st?"

6 replies so far   |    Click Here to Add a Reply

Belgarath created a topic in Retirement Plans in General

Cycle 4 DC Plans and SECURE/SECURE 2.0 Amendments

"Any bets on whether you think the IRS may delay this somewhat to allow providers to draft documents that take advantage of relatively late IRS guidance on SECURE/SECURE 2.0 items? Or will we just get stuck restating a document that already has a TON of changes? ...

'Pre-approved Plan Providers: Submission Period for 4th Cycle Defined Contribution (DC) Opinion Letters The IRS asks pre-approved plan providers and mass submitters to wait to apply for a 4th remedial amendment cycle (RAC) DC Opinion Letter until the IRS announces the opening of the one-year on-cycle submission window. The 3rd pre-approved DC RAC ended on January 31, 2023, which means that the 4th RAC began on February 1, 2023; however, the submission window has not yet opened. We expect to issue an announcement later this year that opens the on-cycle submission window from February 1, 2024, through January 31, 2025. "

1 reply so far   |    Click Here to Add a Reply

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