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June 14, 2024

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

david rigby created a topic in Plan Terminations

Reimbursement of Prior Year Expenses from Terminating DB Plan Surplus

"The [DB plan] termination process will include purchase (by the plan) of a group annuity and lump sum offers to as many participants as possible, and then execute the formal termination. The best guess is this will result in a 7-digit surplus. First, the sponsor has paid expenses (actuary, auditor, attorney, etc.) directly (from the company, not from the trust) for many years. Prior to executing the formal termination, the sponsor wants to use up some of the surplus by having the trust reimburse the company for as many of these expenses as possible. So far, we see nothing in the document that will prohibit this. However, is there any limit to this? Could the trust reimburse expenses from the prior 5 years? 10 years? More? Do you know any prior examples or PLRs that might address this? Second, our assumption is that any such reimbursement is NOT a reversion. Is that a reasonable conclusion?"

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

Delay in Processing QDRO Because of Dispute Between Employer and QDRO Provider

"My divorce settlement was agreed to in April of 2023. My attorney had the QDRO prepared and sent off to the QDRO Provider (VOYA). It has been sitting with VOYA for about 10 months now because, come to find out, my employer and VOYA have not agreed to terms on setting up the administration of the QDRO. (VOYA took over IRA's etc., last year). In the meantime, because my ex-husband's attorney won't file the final divorce decree, I continue to pay spousal support. I have talked to a representative from VOYA as well as my employer and they say a settlement between them is close. Close? It's been 10 months. Any ideas on what I can do? or do I just have to sit and wait, meanwhile continuing with the spousal support? We tried to push my ex-husband to have his attorney file the final divorce decree before we get the QDRO finalized, but they won't go for it."

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Dougsbpc created a topic in Retirement Plans in General

DB Benefit Adjustments Needed When Owner/Participant Also Participates in Guild Plan

"A writer has a small corporation where she is the 100% shareholder. She is also a member of the writers guild. If a defined benefit plan were to be adopted by her corporation, are there adjustments that need to be made to the benefits under the defined benefit plan because she is a member of the guild and they have a defined contribution plan? Thanks."

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Kansas401k created a topic in Qualified Domestic Relations Orders (QDROs)

Anticipated QDRO During Plan Termination

"401(k) PSP. Plan is in termination and we are in the process of paying out all accounts. Participant notified us today that he's had a divorce pending for 2 years and they are waiting on judge to approve divorce settlement. Participant indicates that ex will be receiving a portion of his 401(k) and will not sign the rollover consent. Plan requires spousal consent for rollover. Any suggestions on how to proceed?"

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cathyw created a topic in Correction of Plan Defects

Correcting for Missing Cycle 3 Restatement

"Have a new take-over client with a PPA pre-approved VS document effective 1/1/21.... The plan sponsor also indicates that he never received a Cycle 3 restatement from the prior TPA. I'm not surprised since I don't know why the TPA would have used a PPA document for the initial adoption back in December 2021. Anyway, we are to provide a Cycle 3 document to correct. The IRS guidance for late amenders is to treat the plan as individually designed and adopt an amendment for the missing provisions; then restate onto a Cycle 3 document. Does anyone know of an amendment template that would pick up the required provisions since PPA to the present? The document provider I use did publish an amendment for the final Hardship Distribution regulations, as well as CARES/SECURE. What more would have to be added?"

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metsfan026 created a topic in 401(k) Plans

In-Service Distribution with an Outstanding Loan

"I'm getting push back from an employer who doesn't want to allow an in-service distribution for a participant with an outstanding loan, since the distribution will make it so the loan is more than 50% of the current account balance. Is there anything in the regs that would allow it? I know there isn't an issue, I just need something to show the client."

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