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Here are the most recently added topics on the BenefitsLink® Message Boards
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Jakyasar created a topic in Retirement Plans in General
"DC plan sponsored by ABC, Inc owned by Joe. XYZ Inc is also owned by Joe but no employees. Joe apparently took salary under XYZ Inc for 2023 and applied for pension purposes. Joe now decided to let the TPA know this happened and wants TPA to have XYZ adopt the plan as well so that can continue having both firms within the plan. Can the effective date of adoption be 1/1/2023 for XYZ Inc? Is this correctible under
self-correction?"
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landrover77 created a topic in Health Savings Accounts (HSAs)
"My spouse had a medical FSA that she contributed to for 2024. I had an HSA that I contributed to for 2024 and my employer contributed into as well. I just found out that because my spouse had an FSA, I was not eligible for HSA contributions, so I'm trying to rectify this.... I called my benefits department -- they said I could bring my HSA contributions down to zero, and to avoid them from contributing to my HSA for 2025, I
could ask the HSA custodian to close the account or to just 'disassociate' it from my employer.... [My] contributions of approx $2400 for the year plus my employers contribution of $600 is $3000 for the year. But there's only about $2400 in the account since I used funds for medical costs earlier this year--so how can the custodian return the full amount of $3000 if its not in the account?"
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Kathleen Wilson created a topic in Qualified Domestic Relations Orders (QDROs)
"Ex-spouse died suddenly before the final QDRO was signed by court. The Pension plan involved was a SINGLE LIFE ANNUITY with only benefit to surviving spouse or ex-spouse with QDRO order. The Pension plan administrator approved the QDRO and it was sent back to be signed by lawyers, participant, alternate payee, and court. Is this QDRO now invalid, or does the alternate payee (ex-spouse) still have a right to fight for benefit with
another lawyer?"
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InquisitivePerson created a topic in 401(k) Plans
"Bank wishes to lend Company funds secured by Company's equipment, accounts receivable, inventory, etc. Company is owned 85% by the Company's retirement plan and 15% equally by two individuals: Owner A and Owner B. Three individuals used their balances in the Plan as an equity infusion into Company. One of these individuals is Company's President and Secretary/Treasurer and a Board member; and another is Company's
retirement plan trustee (for the 85% Plan shareholder). While the rollover assets of the Plan can't be pledged as collateral, nor can the Plan guarantee the Bank loan, can any other assets owned by Company be used to secure the loan from the bank, or does it result in a prohibited transaction? If so, where in the Code, Regs, case law would I find that?"
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Jakyasar created a topic in Retirement Plans in General
"HCE deferred 35k during 2024 (over 50) thus exceeded the 402g limit by 4.5k The refund will be done prior to 3/15/2025 -- does it make a difference if needs to be refunded prior to 12/31/2024? For 410b, which amount should be used? For 415(c) limit for PS purposes, is it safe to assume 69k-23k i.e. 46k allocation?"
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Diane245 created a topic in Qualified Domestic Relations Orders (QDROs)
"Participant called a former employer whom participant had worked for years prior (at least 4 employers back) wishing to start the distribution process. During that phone call the participant learned the current spouse was never added. The Fiduciary asked for the marriage certificate with current spouse and the alternate payee's divorce agreement and death certificate few weeks ago. Participant submitted all 3. The fiduciary then told the participant no QDRO was filed by the alternate payee and that the divorce decree refers to a QDRO. Following this, the fiduciary refused to begin distributions and sent a blank QDRO agreement to the Participant to complete on behalf of the deceased alternate payee.... Participant consulted lawyers but they seem to be unaware of a case
where the alternate payee passes without filling a QDRO where a divorce agreement says a QDRO will be filed and never is for 23 years.... [It] is possible the alternate payee's attorney would have advised his client not to pursue a QDRO.... What type of attorney would handle this matter?"
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Lois Baker, J.D., President
David Rhett Baker, J.D., Editor and Publisher
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