"A physician group merged some years ago and because they worked with different investment advisors, the plan investment options provided for individual brokerage accounts (since accounts from other plans merged in) along with a major 401(k) record keeping product. As years passed, and the group became very large the decision was made to require all accounts to be under one record keeping umbrella. This was to facilitate one payroll file feed to the record keeper, elimination of lots of separate payments to brokerage accounts, reconciling all these accounts vs. consolidated reporting, etc. 

"This record keeper provides for a Schwab brokerage account option so almost all brokerage accounts (all existing Schwab) were able to transfer in kind very smoothly. However, there is one brokerage account with a brokerage firm that cannot transfer in-kind to a Schwab account as this brokerage firm be a paid advisor on an account that is not custodied with them. Instead the account would need to be liquidated and wired to Schwab. The physician involved is balking perhaps with the backing of the advisor. The comment was made regarding potential losses on some interest bearing securities that come due in the next year or two. 

"We are wondering what options the Trustees of the plan (a group of the owners) have. I believe investment options/features are not a protected benefit under 411(d). I suppose they could accommodate this one remaining account in some way - move all funds but those interest bearing securities until they mature. Or as Trustees, they could force the account to be liquidated and transferred. They would not want to run afoul of any potential fiduciary issues. Primarily I want to confirm that investment options under a plan such as wide-open-use-any-custodian-you-want brokerage account option is not a protected benefit."

"Can a non-electing church plan define spouse to only include an opposite sex spouse? I saw an older post on this topic. My research keeps taking me down different roads."

"I have a plan with a 3% non elective Safe Harbor. TPA is saying that it is permissible for the sponsor to deposit the 3% on a payroll by payroll basis -- something i haven't seen and something that is not notated in the document. TPA is also saying that since it is funded payroll by payroll there is no 'true-up'. Usually, 3% non electives are contributed at end of year. What am I missing and has anyone else experienced this?"

"I was divorced over 25 years ago, for a relatively small pension ($350) month I was suppose to collect 40% at age 65. QDRO was originally rejected and never corrected, then divorce was finalized. Its not worth hiring an attorney -- the plan administrator has attempted to contact my ex-spouse with no response by her. What/who determines how long I have to wait to receive my portion?"

"Client files 3/15 (3/17 this year). For the profit sharing to be deductible is it OK if I submit to the platform ON 3/17. The trade date will actually be the 18th. I remember way back in the old days, as long as the check was mailed on 3/15 that was fine."

"Client has a participant that has 1st RMD coming up. Assume the 401K balance is more than $10K and less than $100K. This participant has been missing for some time. They have scoured their own records and a commercial participant locator service produced an older address that the participant has not been at for some time. What to do with the RMD and what to do with balance that is more than cash out limit in on going plan?"

"Please provide your thoughts on how to answer question 6A of form 8881 to determine the Startup Credits. Specifically: Line A seems relatively straightforward.... This clearly includes terminated employees and employees earning over $100,000. However I am confused by the IRS Form 8881 line 6A instructions: 'Enter the number of your employees during the tax year preceding the tax year for which the credit is claimed'. With respect to 6A: How do you count 'number of your employees'? When looking at an annual census, do you only count people employed on 12/31? Or do you add the total of all employees throughout the year including terminated and employees who never met eligibility/entry (assume fairly high turnover so many more were employed than the company normally 'employs'). Do you count employees with less than $5,000 in that years earnings? Do you count employees earning over $100,000?"

"Owner died, prior to age 73, spouse wants to rollover. She is 68. I don't believe there would be an RMD as he was not 73 when he died in 2024, but of course I could be wrong."

"Client terminated employment and is awaiting his deferred comp payout. Deferred comp plan says that for separation from service, comp will be paid out in installment payments over three years. His employment has already terminated, but the company is in talks with a buyer to do an F reorg. Buyer does not want to assume the deferred comp plan even though it is fully funded. Seller wants the client to take a lump sum, but client does not want a lump sum and the terms of the plan require that his payout be over three years. Because an F reorg is an exchange of stock for equity, is there any way to get the deferred comp plan out of oldco so client can receive installment payments?"

"This plan is a single member business plan run according to all typical ERISA and DOL requirements. It's a qualified plan using an IRS approved plan document. But technically, is it an ERISA plan? For this new plan investment the sponsor wants to invest in, do they check the box 'yes' this is an ERISA plan?"