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April 22, 2024

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

AlbanyConsultant created a topic in Retirement Plans in General

Different Allocation Based on Location

"Taking over a plan, and the plan sponsor mentions the profit sharing allocation. 'I usually contribute $60K to be split among the participants at location A, and $50K to be split among the participants at location B.' Oh, must be a class-based allocation, right? I look at the plan document, and the AA language ... [could be read to support] a separate integrated allocation for each location (though a review for top heavy is plan-wide, not location-specific).

"My real questions are: [1] What about someone who is getting comp in both locations. I suppose it's not a big deal if the total is less than the SSTWB (or whatever lower amount the integration is based on), but let's say one has $110K in each location? [2] Does this have to be tested in any other way? Normally, integrated tests are all good if they follow the formula.... but since all participants aren't party to the same allocation, it seems additional testing is needed. I intend on restating this to a class-based individual-level plan ASAP, but that doesn't help me for the Plan Year I'm inheriting."

1 reply so far   |    Click Here to Add a Reply

PS created a topic in Plan Terminations

Terminating Plan with Unresponsive Beneficiary

"Hi, We received a DC 401k plan for termination in 2020, since they had filed for 5310 the termination was on HOLD. In 2022 they received a determination letter and was good to start the termination. The plan has 32 deceased participants the Plan termination notice was sent to the deceased address as well there was no response and since the named beneficiary did not respond with the sponsor's direction the check was cut to the estate. There was a tax deduction on $90,000 the check was cut in September 2023 and the spouse received the check and responded in Feb 2024. I'm looking for some guidance how the tax record can be corrected? also is there a 5 years payoff rule for deceased account?"

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Brian Reynolds created a topic in Retirement Plans in General

Withholding from Distribution of Non-Qualified Pension Plan

"I receive a pension of $946.56 monthly from my former employer. Is a monthly payment considered a lump sum payment that is taxable at 20%? Or should it be taxed at the regular 10% taxable rate for that income level? For 13 years I was taxed at the 10% rate. My company was sold and the new company has stated the 20% tax rate is mandatory. Is that the case?"

1 reply so far   |    Click Here to Add a Reply

Patrick created a topic in Form 5500

Amending 5500-SF to 5500

"A form 5500-SF was inadvertently submitted, when a Form 5500 should have been submitted. Does anyone know the amendment procedure for this issue?"
2 replies so far   |    Click Here to Add a Reply

JW created a topic in 401(k) Plans

Is Payment to Incorrect Beneficiary a Non-Exempt Transaction?

"We have a situation where an unmarried participant died not having a named beneficiary for the 401k plan. However, they named a beneficiary for their life insurance benefits with the employer. It was their aunt. The Plan Administrator took it upon themselves to let the aunt know that there was a balance in the 401k account in addition to the life insurance benefit and approved a distribution to her, without any other paperwork (court order, etc.). The Plan Document states that without a designated beneficiary the account balance goes to the participant's spouse (in this case there was none) and if no spouse to the estate. The estate did not go to probate and the Plan Administrator is attempting to determine if there are any other relatives etc that this may have needed to go to. Would this be considered a prohibited transaction that needs to be disclosed on Schedule G as a non-exempt transaction?"

2 replies so far   |    Click Here to Add a Reply
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