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April 11, 2025

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

30Rock created a topic in 401(k) Plans

Safe Harbor Plan and Sale/Acquisition

"Buyer Company A is seeking to buy target Company B. Company B is owned by a larger Company And there are more than 2 401k plans in this controlled group. Buyer Company A sponsors a safe harbor plan And Target Company B sponsors a safe harbor plan. Buyer A does not want to take over this plan they want it terminated before the sale, and then have participants roll over their balance to company plan A. Are there any options to terminate Company B safe harbor plan? The problem I see is that Seller B is part of a controlled group, and the successor alternative plan comes into play -- if Seller B terminates the plan, the termination is not a distributable event since there is another 401k in that controlled group. If they do not terminate the plan before the sale, and Buyer A takes over the plan, the successor 401k plan rule still comes into plan And if Buyer A terminates the plan it is not a distributable event. I see no clear guidance where you can merge a terminated safe harbor mid-year into another safe harbor plan (maybe this is ok?), or that you can distribute assets in a terminated safe harbor plan if there is a successor plan. Any thoughts?"

5 replies so far   |    Click Here to Add a Reply

SSRRS created a topic in Form 5500

I-File or Other Alternative Filing Methods for Forms 5500

"Our Pension reporting system (filing 5500 etc) is having technical issues. Until we resolve the issues: [1] Are there alternate methods that we can use to file a few 5500s? [2] Does I-file work similar to as when we file as third party signs and files for the client from our regular reporting program? [3] And is it easy to register and get started to use I-file? [4] Are there any other alternatives that we can use to get these 3 or 4 Forms 5500 filed?"

1 reply so far   |    Click Here to Add a Reply

truphao created a topic in Retirement Plans in General

Is This a Controlled Group?

"Company A, Father owns 50%, Son own 50%. Company also employs son's mother and son's wife. Company B is 100% owns by mother, mother and father are not married. This is a B/S CG, right?"

3 replies so far   |    Click Here to Add a Reply

ERISAQuestions1234 created a topic in 401(k) Plans

ERISA Preemption of State Legislation Prohibiting Investments Tied to Chinese/Foreign Adversaries

"Looking to find any case law that concerns ERISA preemption of state legislation limiting the investment scope of pension plans concerning investments tied to China (or similar foreign adversaries). Note that last month 17 AGs gave notice to Blackrock, and similar providers, that inadequate disclosures (of material risks) for funds with Chinese investments potentially constituted a breach of fiduciary duty. Similar federal legislation is also in the works."

1 reply so far   |    Click Here to Add a Reply

Gabriel created a topic in Qualified Domestic Relations Orders (QDROs)

Amending QDRO

"I am re-married. I have a QDRO from my divorce some years ago that names my ex-wife to joint & survivor benefits from my pension. I did not realize that this meant ex-wife would receive lifelong benefits. I was younger and emotional and bad lawyer if I knew that is what it meant I would have never agreed to this. Fast forward I hired a QDRO attorney who suggests I offer ex-wife a lump sum to cover her interest for the years we were married and age differential in exchange for ex-wife to remove herself from the survivor benefits. Ex wife concern is that if she removes herself, she could potentially get no payments if I were to pass away. Does this seem like a good option to offer? My pension would accept a modification, and I heard it's better to have agreed upon new QDRO in order for court to accept it. Any advice?"

2 replies so far   |    Click Here to Add a Reply

Towanda created a topic in SEP, SARSEP and SIMPLE Plans

Asset Threshold for 401(k) Plan 5500-EZ Filing: Are Pre-Existing SEP Assets Included?

"Sole-Prop, owner-only client comes in with a 401(k) Plan with a value of $70,000 as of 12/31/2023. They also have a pre-existing SEP valued at $190,000 as of 12/31/2023. Went 'dormant,' and 401(k) was adopted in a later year. 5500-EZ was not filed for 2023.

"If the SEP was established as a formal plan for the business at some prior date and was never formally terminated but simply went dormant, should the value be included in the asset total for determining the $250,000 threshold? 5500-EZ Instructions say the threshold determination includes 'all other one-participant plans maintained by the employer.' I realize we treat a SEP as no longer being 'maintained' when it is no longer receiving contributions, but I'm concerned about the implications in a 5500-EZ situation."

6 replies so far   |    Click Here to Add a Reply

tsrl01 created a topic in Health Plans (Including ACA, COBRA, HIPAA)

ACA Requirements When Employee Moves from Full Time to Part Time

"We have an employee who has moved from a full-time position to a part-time position mid year. Under the ACA, do we have to keep this employee on our benefits for the remainder of the stability period? Or, can we terminate benefits because the employee is no longer in an eligible class?"

2 replies so far   |    Click Here to Add a Reply

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Compass
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