"Participant dies with no spouse. He does have minor children. The Plan document (FIS prototype) provides the order of payout. Since no spouse, the payments will go to the children. The Plan Trustee reached out to the parents of the deceased participant assuming that they would be the legal guardians. The Parents will not respond to the Trustee. At this point the Trustee wants to send the death benefit to the state's (Ohio) unclaimed funds. We cautioned the Trustee that this was not the appropriate action to take. The Trustee is totally fed up with the situation and is asking what he can do. Does anyone know if there is an agency that can be contacted to obtain information on the legal guardian of the deceased Participant's children. At least this would confirm who the Trustee needs to contact in order to pay out the death benefits. Any other suggestions would be greatly appreciated."

"401(k) Safe Harbor (3% Non Elective) Compensation is defined as W-2 wages -- the only exclusion are fringe Benefits. Participant has GTL wages -- The auditors agree GTL is subject to salary deferral however, their position is this is a fringe benefit and not included in the 3% safe harbor. In addition participant received Short Term Disability benefits -- paid by the employer and included in W-2 wages. Again the auditor agrees this payment is subject to salary deferral, however, it could be deemed a fringe benefit and therefore not included in the safe harbor calculation. Thoughts from the group? Are these wages really deemed fringe benefits and not subject to the 3%? Problem will be solved for 2025 for GTL will change to 3401(a) compensation."

"I have been informed that the Schedule C can be used for a large plan that is not under a trust if there are non-monetary funds/commissions to a broker of a $100 or more. I have always felt a Schedule C can only be used for a funded/trust filing. What are your thoughts? Is there any official written instructions on this?"

"Preface by saying the company is a small S Corp. In recent years the evaluation of our company ESOP shares versus what the board sets as a price for all other shareholders has grown substantially different, with ESOP market value being now 20% less than what other shareholders value is. Is this common within privately traded company's with an ESOP."

"I had a question regarding an amicable divorce for medical reasons, in which my husband is already receiving his disability benefit as a 75% Joint spouse option. If I state on the divorce decree that his Annuity remains his now, to avoid the split, is a QDRO still needed for my benefit upon his death or the pop up upon my death. The lady at the plan says no, but will want the divorce decree which will state the pension remains my husbands."

"This impacts things like number of employees, revenue (as represented by TOT INCOME on the 990 and Revenue on 5500), liabilities, cash on hand, etc. Can anyone help me understand why I'm seeing those differences?"

"I am a Law Student, and I am working a case assisting an elderly women who was due Alimony from her ex-husband as part of a Judgement of Absolute Divorce. I am not working with the woman to obtain Alimony through a QDRO for the ex-husband's 401k benefits. This Case is in MD and I am aware that unless a party waives their rights in a Judgement to receive the accrued interest in a Defined Contribution Plan, both parties will share in the interest generated over the years. My question is does relate to Alimony that is being awarded pursuant to a QDRO; should I write up that she is entitled to interest accrued over the years on her share?"

"An individual met the 1 YOS/1000 hours requirement in the past and was employed for 15 years. He did not contribute to the plan and has never had a balance. He leaves for 2 years (has 2 BIS) and then returns. The 401k plan does not use the rule of parity and does not use the one year hold out rule. He would be eligible to re-enter immediately, is that correct? Can we ever disregard YOS for eligibility in a situation like this? What if he left after 3 years, was not 100% vested (he did not have a balance regardless), has 3 BIS and then returned? I've checked the document and it is confusing. This has to be addressed in it but without having anything specific to point to that says 'disregard the following service....' I do not think we can ever disregard any eligibility service. Any comments are appreciated."

"My soon to be ex has a 401K which he has almost nothing left in it due to him emptying the account. The state where he filed doesn't seem to care. He has about 200,000 in his pension (which seems odd for working there since 2007.) I am worried about my future since I wasn't allowed to work for 30 years, so nothing in retirement myself. I have asked my lawyer several times about his pension and if I can roll it over to something I can have in my name. She doesn't seem to understand the question. She did send me a copy of paperwork from a subpoena to Fidelity stating different scenarios one being if he was terminated in July if he was terminated in the year he turns retirement age. I didn't understand the termination part of it. Anyway, it didn't state anything about being able to take (I am assuming 50% out) So I am in the dark about what should I make sure the QDRO states. I know its up to the plan administrator along with the court. I just want to make sure I have all the info I can. I have researched about being able to cash out (meaning after the QDRO is filed I get a cash out and not having to pay the 10% tax fee) but I am not sure if this is just a 401K or if that includes the Pension as well?"

"An employee thought they were participating in the plan, thought deferrals were being taken and thought they were getting the 5% match. This employee did notice that nothing was being taken from their check.... didn't see the deferral on the W2.. and is still crying foul. Paperwork was provided to her be she never completed and returned it. The employer is willing to make her whole in some way. What is the best way to handle this?"