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February 21, 2024

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

CuseFan created a topic in 401(k) Plans

Fiduciary Concerns: Free Payroll Services Offered to New TPA Clients

"Start-up payroll/TPA companies appear to be offering free payroll services to companies that move their 401(k) plans to their TPA arms. Is this a fiduciary breach by the plan sponsor? Maybe, or with certainty? If the primary (any?) decision criteria to move the plan is the unrelated benefit to the plan sponsor and not solely in the best interest of plan participants, then that is clearly a breach, is it not? But does the mere appearance of a conflict of interest (and breach) mean that there is one? Would a participant even know? Would this even be discoverable upon a routine audit? Or are these types of arrangements littering the skies flying under the radar without scrutiny? I remember reading either something similar a few years back, where some economic benefit is offered to the employer if plan administration is moved, and thought the opinion or consensus then was it didn't pass the smell test. Thoughts and opinions please."

14 replies so far   |    Click Here to Add a Reply

Kent Allard created a topic in 401(k) Plans

Hardship Distributions from Rollover Accounts; Inquiry If Allowed for Discretionary Contributions

"I inquire if hardship distributions may occur from rollover accounts and/or Roth rollover accounts. Also, I inquire if hardship distributions may proceed from discretionary contributions."

2 replies so far   |    Click Here to Add a Reply

Belgarath created a topic in 457 Plans

457(b) Distribution Timing

"I'm looking at a 457(b) document and adoption agreement specifying that payments must commence no later than April 1 following date of termination. Obviously done back when that was the required beginning date. I just want to confirm -- for a 457(b) plan, I assume it is still ok to retain this provision, (if they want to) even if RMD date for active participants is the new 72 or 73, depending upon DOB?"

2 replies so far   |    Click Here to Add a Reply
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