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August 21, 2025

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t.haley created a topic in Distributions and Loans, Other than QDROs

Competing Claims for Distribution of Deceased 401(k) Participant: Requirement to Share Documents Submitted in Appeal to Other Party

"Spouse and daughter (from previous marriage) both claim they are entitled to distribution of deceased participant's 401k plan account. Plan administrator reviewed information from both parties and determined that the account be distributed to daughter. Spouse appealed denial of his claim and submitted additional and new information in support of his appeal. Attorney for daughter is asking whether she will be provided a copy of documents submitted by spouse in support of his appeal and whether she will have an opportunity to respond. I cannot find anything in the claims procedure requirements that address this. My thought is that if the plan administrator determines that the spouse's appeal is well taken and therefore the account should be distributed to him, that is tantamout to a denial of the daughter's claim, requiring the plan administrator to provide her a detailed explanation of the basis for the denial (which would include the information submitted by the spouse in his appeal) and triggering her own appeal right where she can submit her own argument/documents. Thoughts?"

4 replies so far   |    Click Here to Add a Reply
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MATRIX created a topic in 401(k) Plans

Acquisition and Plan Freeze Amendment

"Company X sponsors a 401k plan. Company X was purchased earlier in 2025 in a stock sale to parent Company. Parent Company also owns Company Z with a 401k plan. Company X will be merged into Company Z effective 10/1 and both companies will be using the same payroll provide going forward which will be a change for Company X. (Company X plan will merge into Company Z plan at end of plan year 12/31/25). Is it necessary to formally amend the Company X 401k plan document to freeze the plan and discontinue future contributions, or is the fact that they are moving to the new payroll provider and no longer sending payroll contributions sufficient? Can a Board resolution accomplish this in lieu of an amendment?"

1 reply so far   |    Click Here to Add a Reply

austin3515 created a topic in 401(k) Plans

Ftwilliam Plan Docs: How to Express Eligibility in Days (Not Months)

"We use FTWilliam for plan documents (new to us) and we have a client who uses 60 days of service and not two months. We cannot find a good way to fit that in the document. IF we use the 'Other' field, FT automatically includes the failsafe eligibility language. It also does not give us the opportunity to elect Elapsed Time for eligibility. It seems as though the only way of electing elapsed time is to use something already hardcoded for months. And this employer has had the 60 days eligibility for 1,000+ employees for years so, no, they will not change to 2 months. Any suggestions appreciated!"

11 replies so far   |    Click Here to Add a Reply

metsfan026 created a topic in 401(k) Plans

DFVC Filing Process

"I just wanted to make sure I wasn't missing a step to file a DFVC filing for a new client: [1] File the Form 5500-SF on EFast, with it checked off that it's a DFVC filing [2] Make the payment using the calculator. That's all there is to it, correct?"

3 replies so far   |    Click Here to Add a Reply

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