"I'm the AP on my ex's FERS. I believe since I got re-married after age 55, I'm still eligible for the survivor annuity. That's going off information from the QDRO. However, the gov't won't send me a copy of the Plan until my ex retires (sometime this year). Not sure they can withhold the Plan document, but I got tired of asking. Also, as an AP on a Pension benefit, I wouldn't waive my right to a survivor benefit unless I was paid a lump sum approximation of the cumulative payments (longevity runs in my family)."

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"An employer sold to a new entity and shut down their business checking account prior to payment of final employer SHNE and PS contributions. TPA was notified last month and has the plan terminating in 60 days. I am not aware of how an employer contribution would be funded by anything other than the business account. They want to use their personal account, but I am fairly certain this is not an option. Any advice for remittance of the funds?"

"Employer is approaching 100 employees. Only 4 participate in the current SIMPLE plan. They are eligible but don't participate and most don't speak English. It is an egg farm. You do wonder if they know they are eligible. Most employees hold a permanent resident card but that expires in the next couple years. I see the IRS 100 employee prior year rule with wages of at least $5,000. I don't think any type employee can be excluded from this count. It's simply $5,000 or more. I don't know that a 401(k) would be worth the trouble with auto-enrollment, etc. The new plan would like to be referred to us which I'm not sure I would even want! Comments? I doubt classes of employees can be excluded from a Simple IRA count."

"Company is looking to terminate their SIMPLE IRA ASAP and replace with a Safe Harbor 4% match 401k in 2025. Soonest possible would be 6/30/2025 after giving the 30 day notice for Simple Termination. Would the effective date of the 401k be 6/2/2025? Or would the effective date of the 401k Plan be 1/1/2025 with a special start date for deferrals as of 6/2/2025? I would assume the plan would begin 6/2/2025, but I know Safe Harbor Plans should be in place for the full year. Is that not a requirement if doing a mid-year simple replacement? The SIMPLE Plan is set up for a 3% match. Would that be pro-rated the same as the Safe Harbor Match? i.e., a 3% SIMPLE IRA match for half the year + 50% of the SH match for half the year would be an effective match of 3.5% on 4% deferred for 2025? Also, he says he notified employees via email in December of 2024 that the Simple IRA was terminating. No deferrals/contributions have been made in 2025. Would that notice work? Or does it need to include language regarding the replacement with the SH 401k?"

"We have a participant who died, his wife beneficiary was injured in the car accident as well and has medical bills so she is in a big hurry to get his account which is $100,000+. (So the plan sponsor puts the medical bill guilt on us.) We asked for the death certificate but was told it would not be available for 12 weeks. The record keeping platform does not require a copy. I see 2 options: -- Ask the plan sponsor owner to confirm that the participant died and then we rely on his direction -- or wait it out and require the death certificate?"