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June 21, 2024

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

Peter Gulia created a topic in 401(k) Plans

May an Employer Design a Plan with No Payout Until Normal Retirement Age?

"An employer's Section 401(a)-(k) plan would have these provisions:

  • Elective deferrals, up to Section 402(g) and Section 414(v) limits
  • Safe-harbor matching contribution -- 100% on first 3% and 50% on next 2%
  • Safe-harbor notices; no restraint on opportunity to elect a deferral from pay not yet available
  • No participant loan; no hardship or other early-out distribution
  • No small-balance ($7,000) involuntary distribution.
  • No distribution until end of service and normal retirement age (65 or the latest permitted).

Considering those plan-design elements: Does anything about the absence of ways to get money before normal retirement result in the plan losing a safe-harbor treatment for excuses from ADP and ACP tests? For States' laws that call an employer to maintain a retirement plan or facilitate payroll contributions to Individual Retirement Accounts, is the plan described above sufficient to avoid the State's arrangement?"

14 replies so far   |    Click Here to Add a Reply

ERISAgeek14 created a topic in Operating a TPA or Consulting Firm

Acquiring or Starting TPA

"Is there a listing place of potential books of business for sale or a specific person that I should reach out to? I am looking to purchase a book -- does not matter the size -- to start as a base for my potential firm. Any and all recommendations welcomed."

No replies yet   |    Click Here to Add a Reply

MD-Benefits Guy created a topic in Cafeteria Plans

Affiliated Company/Same Controlled Group for an Acquired Company

"The company I was working for was acquired back in March. The health and welfare benefit plan runs on a calendar year. Acquiring company is moving all employees to the new company's benefit plan effective 7/1 (also calendar year). We are shutting down all existing benefit plans on 6/30. For HCFSA contribution limits, would we treat these 2 plans as affiliated/same control group plans -- meaning that between the 2 plans, participants could not elect more than the annual 2024 annual limit of $3200? How do we treat employees who may have overspent their accounts? (Employee elected $3200, only contributed $1600, but already received $3200 in reimbursements?) Can they make an election with the acquiring company, if so, how much?"

3 replies so far   |    Click Here to Add a Reply

John K created a topic in 401(k) Plans

Mandatory Federal Withholding vs. Form W4-R

"[W]ould anyone be able to cite IRS code that dictates the 20% mandatory withholding policy? There is a participant that has immense medical expenses that are itemized on their return and will not owe any taxes. The CPA wants to know why I can't waive the mandatory withholding. They've sent over a W-4R and explained that according to the IRS, this form will allow the election of 0% withheld. I'm certain that this does not allow the withholding to be lower than 20%, but I can't find a good citation to express this. I am aware of topic No. 412, but they are caught up on the 'lump sum' 'entire account balance' language. The plan allows the participant to take a partial distribution, but I'm pretty sure this mandatory withholding rule would still apply."

7 replies so far   |    Click Here to Add a Reply

christiana created a topic in 401(k) Plans

What Constitutes Proof of Medical Debt for 401(k) Hardship Distribution?

"I'm trying to request a 401(k) hardship withdrawal which states I can use medical bills from the last 3 months. However, I need to know what counts as proof of medical expenses. I have a medical bill from end of 2023 (which would not be within the required 3 months) that has now gone to collections. I have a collections bill that shows May of 2024. Which would be within the 3 months. I'm trying to find out if I need to have the actual hospital bill to be approved for the 401(k) hardship withdrawl or will the medical debt collections bill suffice?"

1 reply so far   |    Click Here to Add a Reply

Rayofsunshine created a topic in Plan Document Amendments

What Type of Document Do You Use and How Easy Is It to Amend?

"We have always been a Volume Submitter and now a pre-approved individually designed plan office.... No prototypes and have never had opinion letters in our name.... I feel like we're not the norm, and most providers use non standardized prototypes but maybe I'm wrong. If you do use IDP documents how difficult is it to amend your plan (discretionary amendments)? We use Relius IDP documents and up until PPA (I believe) we were able to use their short amendment module to amend the VS documents. It was super easy it created the language for the amendment and SMM etc. However, since then it's become a very manual process. The module just provides a blank Amendment, SMM etc. and I have to add the modified language. If you use preapproved IDP do you agree or if you use another doc provider, are you able to amend more easily? I should say I'm not an attorney."

1 reply so far   |    Click Here to Add a Reply

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Planned Retirement Consultants & Administrators, LLC
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