Under Control or Out of Control In this issue: Introduction Background Affiliated Service Group Example #1 Example #2 Controlled Group Parent/Subsidiary Controlled Group Brother/Sister Controlled Group Attribution of Ownership Attribution from Company to Individual Attribution Among Family Members Putting it Together Case Study #1 Case Study #2 Making Sense of it All Conclusion Continue reading
Down with DOMA In this issue of Benefit Insights®: Introduction and Background The Big Decision Practical Impact on Plan Operations Highly Compensated and Key Employees Beneficiary Designations and Spousal Consent Qualified Domestic Relations Orders (QDRO) A Different Type of Discrimination Conclusion IRS and Social Security Annual Limits Continue reading
When Good Loans Go Bad Introduction Background Going to the Dark Side Default Cure Period Deemed Distribution Offset Examples of Good Loans Gone Bad Loans Not Permitted Refinancing Not Permitted Loan Term Too Long Payments Never Started Payments Voluntarily Suspended or Discontinued Coming Back to the Light Conclusion Continue reading
Don’t let Missing Participants and Small Balances become a Big Problem In this issue: Introduction Forcing Distribution of Small Balances What if the Participant’s Account Balance includes Rollovers? Check the Plan Document What about Large Balances? What if the Plan is Terminated? What about Residual Balances? What Happens when a Participant Does Not Cash a Distribution Check? What Happens when the Distribution Fee Exceeds the Account Balance? Summary Continue reading
The IRS Meets Letterman In this issue: Introduction Failure to timely adopt amendments required by tax law changes Failure to follow the plan’s definition of compensation when determining benefits Failure to include eligible employees or exclude ineligible employees Failure to follow the rules related to participant loans Failure to follow rules related to in-service withdrawals Failure to satisfy the rules related to required minimum distributions (RMDs) Failure to satisfy the rules related to eligibility to sponsor a certain type of plan Failure to pass the ADP and/or ACP test Failure to provide top-heavy minimum benefits to non-key employees Failure to cap benefits at the annual additions limit IRS and Social Security Annual Limits Continue reading
How to Survive a Visit from the IRS or DOL In this issue: Introduction What Are They Looking for, Anyway? Department of Labor Internal Revenue Service Why Me? What Should You Do When You Receive an Audit Notice? What Should You Do on the Big Day? Be Organized Be Helpful Be Judicious Be Confident…but Respectful Be Willing to Ask for Help What Can You Do before You Get an Audit Notice? Conclusion Continue reading
Top Heavy Impact on 401(k) Plans In this issue: Introduction What is a Top Heavy Plan? How is Top Heavy Calculated? Consequences of Being Top Heavy Impact on 401(k) Plans How to Avoid Top Heavy Contributions in a 401(k) Plan The Safe Harbor Alternative SIMPLE 401(k) Plan Safe Harbor 401(k) Plan Qualified Automatic Contribution Arrangements (QACA) Conclusion Continue reading
Fiduciary Fact or Fiction In this issue: Introduction Fidelity Bond Qualified Default Investment Alternatives (QDIAs) Co-Fiduciaries Participant Investment Direction and 404(c) Compliance Service Providers Fees Summary Continue reading
At Your Service In this issue: Introduction Methods of Counting Service Elapsed Time Method Actual Hours Method Equivalency Method Reasons for Counting Service Initial Plan Eligibility Vesting Other Reasons to Count Service Conclusion Continue reading
Increasing 401(k) Plan Participation In this issue: Introduction Advantages of Increased Participation Methods of Increasing Participation Relaxed Eligibility Requirements Automatic Enrollment Matching Contributions Regular Employee Communications Enhanced Withdrawal Opportunities Frequent Election Periods Adequate Investment Options Conclusion IRS and Social Security Annual Limits Continue reading