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June 17, 2024

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

John K created a topic in 401(k) Plans

Amendment Timing - Mid-Year vs. Next Plan Year

"Are there limitations on amending the plan mid-year? I know that there are, but my understanding is that the permissible amendments must increase benefit to participants (Ex: Introduction of mid-year safe harbor plans). Otherwise, the change must be made prior to start of the plan year. The sponsor would like to allow after-tax contributions and change the PS allocation from SS integration to new comparability. I believe the after-tax could happen mid-year, but not the allocation method change. Would anyone know where I can find more detailed language on mid-year amendments?"

1 reply so far   |    Click Here to Add a Reply

Shamar Simmons created a topic in Qualified Domestic Relations Orders (QDROs)

QDRO Some Years After Divorce Finalized

"Divorced in 2005 and was awarded 50% of my husband's Pension and 401k Plan. I am now working on a Domestic Relations Order for his private pension and a QDRO for his 401k Plan. I reside in Maryland and I would like to know if there is a statue of limitation to filing this QDRO in Maryland. Also, I was awarded alimony of $3700 a month for 25 months, first as mortgage payments and then directly to me. Never received the Alimony and the house foreclosed. The alimony would have ended in 2007, Is there anyway I still have a Judgment issued for Alimony Arrears even though it's been past 12 years. I was gravely ill physically and mentally during that time period; I have medication documentation. Is that a waiver for statue of limitation?"

No replies yet   |    Click Here to Add a Reply

Peter Gulia created a topic in Retirement Plans in General

Fiduciary Warranty: Has Any Service Provider Paid?

"Some service providers offer a 'fiduciary warranty' that a customer plan's menu of investment funds meets ERISA Section 404(c)'s broad-range condition and is prudently selected. This warranty sometimes is, or is described as, an indemnity. Has any holder of a fiduciary warranty been sued or threatened? Has any service provider paid a loss or expense on its fiduciary warranty?"

No replies yet   |    Click Here to Add a Reply

gooseblitz created a topic in 401(k) Plans

Hardship Withdrawal for Bankruptcy

"I am halfway through a bankruptcy and I am looking to take a 401K withdrawal to pay off the balance. Can I qualify to take without 10% penalty? Can I have the taxes withheld now so I don't take a hit in April?"

2 replies so far   |    Click Here to Add a Reply

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