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May 29, 2025

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Lauren0507 created a topic in 401(k) Plans

401(k) Deferrals Deposited Into IRA

"For 2022-2025, an employer has contributed an employee's 401(k) deferrals into her personal IRA. I'm curious if anyone has seen this situation and how it was corrected and/or suggestions on how to correct."

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

Ford GRP Denied Claim After Death of Alternate Payee

"Ford recently denied my claim for my ex-wife’s share of my pension benefits under the General Retirement Plan (DB) that I submitted after she passed away last year. She had not received any of her share of the benefits. I took a lump sum for my share when I retired. Our QDRO is from 2008 and doesn’t address lump sums (they weren’t offered until 2012). The key points from the QDRO are:

  • SHARED PAYMENT APPROACH: This QDRO utilizes the shared payment approach, whereby the Alternate Payee's assigned share of the benefits remains based on the life expectancy of the Participant.
  • DEATH OF THE ALTERNATE PAYEE: If the Alternate Payee predeceases the Participant either prior to or after her commencement of benefits, the Alternate Payee's portion of benefits shall revert to the Participant.

"The denial letter from Ford includes several excerpts from plan documents on lump sum eligibility and amounts along with QDRO rules for Separate Interest that all seem irrelevant. There is no explanation except for this last confusing paragraph:

  • Records indicate that you elected to receive a lump sum benefit payment with a commencement date of August 1, 2022, and your lump sum payment was processed on October 15, 2022. Per the terms of your Qualified Domestic Relations Order ("QDRO"), if the contributing Participant elects a lump sum form of benefit payment, the Alternate Payee's portion of benefit will not revert back to the Participant if the Alternate Payee predeceases the Participant prior to benefit commencement. As a result of the Alternate Payee's election, the portion of her pension benefits will not revert back to you. Exceptions to the Plan rules are not permitted. Therefore, your request is denied.

"Is there a valid reason in here that I’m missing on why I shouldn’t get her share of the benefits? If not, can anyone recommend a good lawyer?"

2 replies so far   |    Click Here to Add a Reply

thepensionmaven created a topic in 401(k) Plans

Employee and Employer Contribution Limits

"Let's say we have an employee with a W-2 of $25,000 and he contributes $23,500 as a deferral, so the net W-2 is $1,500. The accountant is telling me the profit sharing contribution can not be 25% of $25,000! I believe he is confusing the higher wage earner whose max contribution includes the employee elective contribution."

3 replies so far   |    Click Here to Add a Reply

Jakyasar created a topic in Retirement Plans in General

5500 Filing for 2 Shareholders of S-Corp

"S-corp has 50/50 2 shareholders -- unrelated to each other and no other employees. From 2024 EZ instructions: Covers only one or more partners (or partners and their spouses) in a business partnership (treating 2% shareholder of an S corporation, as defined in IRC Section 1372(b), as a partner). Looks like 5500-EZ can be filed, correct?"

2 replies so far   |    Click Here to Add a Reply

metsfan026 created a topic in 401(k) Plans

FMLA and Last Day Requirement

"If a participant works over 1,000 hours during the Plan Year but is on FMLA at the end of the year, does that still qualify them as being employed as of the last day of the Plan Year and therefore eligible for a Profit Sharing Contribution? My gut is the answer is yes, I just wanted to confirm."

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