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February 13, 2025

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

Old Reliable created a topic in Estate Planning Aspects of IRAs and Retirement Plans

IRA with No Designated Beneficiary

"Husband's IRA was kept at a bank. Unfortunately, no beneficiary was designated. There is a will, which says that upon his passing everything goes to the wife. The bank says it cannot do a direct spousal rollover. Instead, they want to roll over to an account for the Estate, and then the spouse can get it. Would she then be able to roll the proceeds into her own account? Would it be considered an inherited IRA or would it become hers as a spousal rollover? Obviously there are significant tax and RMD implications, etc."

No replies yet   |    Click Here to Add a Reply

kmhaab created a topic in Form 5500

Correcting Form 5500 Filed Without Audit Report?

"I have a question on filing an amended Form 5500 to include the audit report with the following facts: The Form 5500 for 2022 was initially field without the required audit report. The plan sponsor has received and paid a penalty notice from the IRS regarding the incomplete filing, but has not received anything from the DOL. The audit is now complete and they are ready to file an amended 5500 with the audit report. Do they do this through the DFVCP?"

1 reply so far   |    Click Here to Add a Reply

Below Ground created a topic in 401(k) Plans

DOL Problems

"Back in 2021 we terminated our service to a Plan because [1] they were not paying our bills, and [2] they were not responding to our call, emails and letters. Apparently, in 2022 this client did something improper with participant accounts, and they also issue erroneous W-2 Forms for 2021 and 2022. Back in 2024 the DoL contacted us on behalf of several participants who were not properly paid benefits due. We sent the DoL our complete file on the last year (2021) that we serviced the Plan. We even included a copy of our service agreement with this client that in addition to services we provided, it also defined that provision of data was the client's responsibility. It further went on to define our role as not being a fiduciary since we are not the Sponsor, Administrator, Trustee, Custodian, etc.... Our role was specifically defined to be purely ministerial in that we reconciled operations based upon data submitted. It was also stated that we have no authority on any issue of the Plan. After much discussion it was agreed that we are not responsible for items like W-2 Forms! 

"Fast forward to the present, the DoL is contacting us again since they think we can do something about the Plan's operation. Again, after detailed discussion it was agreed that our role does not process the client's payroll (like duh). It was also stated that the only reason the DoL is calling us is because no one else will answer their phone calls! We, on the other hand, answer our phones. The agent assigned to the case actually stated that she agrees that we are not the party they should be calling! But they are calling us because WE ANSWER THE PHONE. Now they want to do a conference call to discuss how WE MIGHT BE ABLE TO CORRECT THE ERRORS THAT OCCURRED AFTER OUR SERVICE ENDED! The fact that we don't have any responsibility (per the agent), and we have no access to any data, are being ignored! 

"Has anyone else been in a situation like this? Any words of wisdom are greatly appreciate. Unfortunately, they insisted I do a conference call with the agent and her supervisor tomorrow, even though as agreed to by the agent, we have no responsibility or even ability to address problem related to operations after our service ended. If there some 'bill of rights' related to situations like this?"

7 replies so far   |    Click Here to Add a Reply

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