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August 19, 2024

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

austin3515 created a topic in 401(k) Plans

Recoupment of Overpayments

"I have a plan where 3 or 4 people were over-funded for profit sharing due to max comp issues, and severance being used. But of course they closed their account. I read 4 articles on SECURE 2.0 provisions and each was less clear than the last. None of them have nuts and bolts examples about what should be done. Do I have to ask for the money back? I can't tell. Does the Employer have to deposit the overpayment to the plan's forfeiture account? This would make no difference as the forfeitures are used to offset contributions anyway, but for the same reason it seems like a ridiculous requirement. The articles all seem to go back a forth between distributions of vested money before they were eligible for a distribution, and payments of funds they were never entitled to, which is what I have here."

4 replies so far   |    Click Here to Add a Reply
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BellaBee41 created a topic in 401(k) Plans

Corrections Process for Accounts Overfunded in Error

"In a recent audit, we discovered some errors that my employer made to participant accounts. Basically, some accounts were overfunded. The overfunded amounts are between $10-$1300) so we need to recoup those funds. Aside from informing the employee of the error, are we required to obtain their authorization to pull the funds from their account due to an employer's mistake?"

2 replies so far   |    Click Here to Add a Reply

Gaslit created a topic in Retirement Plans in General

I Was Gaslit During the Divorce About a Large Annuity

"I was told that 'husbands' annuity $650,000 was bought. for him by the company therefore it was 'his'. I found an letter written by my attorney stating that he, 'husband' bought the annuity, and my attorney knew it was a lie, awarding him an asset, purchased during the automatic orders, with marital funds. The statute of limitations against my lawyer has expired, but I was denied a motion to open the judgement, and am in the CT Court of appeal -- pro se. Any information about collusion between opposing counsel, automatic orders would be appreciated."

2 replies so far   |    Click Here to Add a Reply

pixiebear created a topic in 401(k) Plans

Eligibility Help

"Employee was hired 8/22/2022 and terminated 1/31/2023 and worked over 1000 hours in that period. Employee was rehired 8/15/2024. The document states the following eligibility: Each Eligible Employee shall become a Participant eligible to make Elective Deferrals on the first day of the calendar month coincident with or next following the date he attains age 21 and he completes 6 consecutive month(s) of service; provided that he is an Eligible Employee on such date. If the service requirement is not met in the first consecutive period of months, each successive period shall begin immediately after the preceding period and shall end on or before the first Eligibility Computation Period after which time the Plan will revert to 1,000 Hours of Service in an Eligibility Computation Period. The service requirement under this Subsection shall be deemed met no later than the end of an Eligibility Computation Period during which the Employee completes 1,000 Hours of Service; provided that the individual is an Eligible Employee on the applicable entry date. Service taken into account for purposes of this Section shall be determined under the terms and conditions as is specified for determining a Year of Eligibility Service. The Eligibility Computation Period is the first 12 months from commencement of employment to the anniversary of commencement of employment. Then it switches to the plan year of January 1 to December 31. Since the employee did not work 6 consecutive months but did work 1000 hours in his first period of employment, would the employee be eligible upon rehire? Am I determining this correctly?"

1 reply so far   |    Click Here to Add a Reply

Sum_Guy created a topic in 403(b) Plans, Accounts or Annuities

VCP Filing Guides?

"We're dealing with a likely VCP situation in a 403(b) plan, where the plan was [1] administered with a one-year wait, and [2] wasn't properly drafted to exclude part-timers. We have no experience with VCP filings, and were hoping to see if there's a gold-standard guidebook out there on doing them, or perhaps some online resource where we can see other/sample filings. I think it doesn't strictly need to be 403(b) related, if there's a good resource for 401(k) that would probably help."

No replies yet   |    Click Here to Add a Reply

Casey Larkin created a topic in Communication and Disclosure to Participants

Incorrect Information on SSA Letter 'Potential Private Retirement Benefit Information'

"Has anyone run into a situation where the SSA is sending out wildly incorrect account values to retired participants receiving the "Potential Private Retirement Benefit Information" letter? I currently have two participants who have reached out to me and sent copies of the aforementioned letter which shows their account values as their recorded account value on the 8955-SSA with two additional zeroes added onto the reported figure. For example, one individual was reported on the 8955 as having an account value of $10,201 but the letter he received shows a reported account value of $1,020,100? I understand that this is a "may" letter, but that seems wildly inaccurate and for it to have happened to two participants is a little disconcerting."

1 reply so far   |    Click Here to Add a Reply

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