"W have a 01(k) plan which was effective in 2021. Accountant wants to add Roth contributions and recharacterize all prior contributions as Roth. Need some cites, seems crazy."

[Sponsored]

Transform your future with Enterprise Iron! From strategic planning to tech optimization, we empower Financial, Retirement, & Gov’t. sectors. With 20+ years of success, see how we deliver results that matter. Discover more - read our stories today!

"Death distributions needed from standard 401(k) and DB (PBGC covered) small employer retirement plans. Everyone is in Missouri. No named beneficiaries, so the default plan document beneficiaries apply. In this case the default beneficiary in the plan document is the estate. Period. Decedent did not have a will, based on court filings total value of assets likely is less than $40,000 (including the retirement plans) Estate/Probate was not opened within one year, and in lieu of doing the Small Estate Probate (Which is still allowed after one year), the heirs did file and receive a Decree/Determination of Heirship. Which does happen to have an estate number on it, so the court can track it.

• Attorney for the heirs wants the plans to pay directly to the heirs.

• The plans are insisting on a TIN so the death benefits can be paid to an estate. Which I agree with.

The confluence of federal laws for the plan, the fact that there IS a beneficiary, so the determination of heirs doesn't really matter for the plans, etc, are confounding for the heirs' attorney. Other than just telling the plans to hold firm, any other ideas? information they can send them? Any Missouri estate attorneys want to chime in or want me to send their contact info to the heirs' attorney?"

"I have a client who failed the ADP test. No NHCEs contributed to the plan (the vendor did not disaggregate the client's two plans; one is for NHCEs and the other consists mostly of HCEs). At any rate, does anyone know how to determine the highest permissible ADP for the HCE group in this instance? There are only 4 out of 5 HCEs who were contributing to the plan."

"I have been fighting with the benefits group of my former employer for the past 7 weeks. I was laid off, opted for COBRA, company paid 2 months and I started paying in month 3 (October). I sent my check in time for the due date, the company received and deposited my check but never applied it to my account....

For the past 7 weeks I have been getting the run around from the company claiming (A) The check was not received (I provided copy 5 days after they deposited it) (B) They sent the check back to me (they gave no reason why, just that it wasn't applied because they sent it back to me. Reminded them that I uploaded a copy of the front/back of the cashed check so they couldn't have sent it back to me) (C) They sent a refund check to me (I asked for details of when, where & to whom they sent it as well as a copy of front/back of the refund check if it had been cashed -- I've gotten no response). (D) They credited my bank account (asked for details including the bank routing #'s and account that they credited and a copy of the receipt for the deposit to my account and the reason for the return of the funds -- crickets because it didn't happen). (E) The check was returned for insufficient funds 6.5 weeks ago (This one was my favorite!!! I asked for a copy of the ISF notice they received -- once again, it didn't happen because I got the cancelled check back in my statement showing it was paid to their account)....

I immediately opened a claim with DOL, uploaded all my proof of payment, copies of conversations (including the excuses) and statements of amounts owed. They called me back this morning and got to work contacting the former employers corporate lawyer. I also had surgery scheduled for today and DOL contacted the hospital where I was to have the surgery and made sure they knew the insurance was cancelled in error and the hospital agreed to continue the surgery. GO DOL!!!

My concern is now that they have cancelled my insurance due to their error that they have refused to fix, does anyone know how long it takes to be reinstated, I cannot get an answer from the worlds worst employer and what about my 2025 insurance? I have previously elected COBRA for my 2025 coverage but if they take this past the final signup date, can they screw me on that too?"