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BenefitsLinkMessage Boards Digest

February 7, 2018

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

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Kac1214 created a topic in 401(k) Plans

Safe Harbor Funds Used to Pay Insurance Premium?

Is it permissible to use Safe Harbor money as a source for paying insurance premiums? Participant is under 59-1/2. If so, what are limitations?
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TNT created a topic in 401(k) Plans

Solo 401(k) -- Health Insurance Deduction Limitations

I am trying to understand the contribution limits to a solo 401K plan and the interaction with deduction limits for self-employed (SE) health insurance. Per IRS instructions, the health insurance deduction is limited to net schedule C income less 1/2 SE tax, less retirement plan contribution. (https://taxmap.irs.gov/taxmap/instr/i1040gi-010.htm#w24811v09) The main issue seems to be: if the retirement plan contribution is too high, you lose/reduce the health insurance deduction, which is a result I want to avoid. Here is my example and understanding: Net Schedule C profit $20,000, Health Insurance premium $8,108, 1/2 SE tax $1,413; maximum total contribution to solo 401K without loss of insurance deduction is $10,479 ($20,000 minus 1,413 minus 8,108 is $14,479) and contribution to 401K plan is made up of either $10,479 employee contribution or $6,762 employee contributions plus 20% employer contribution of $3,717 ($20,000 minus 1,413 equals 18,587; 20% of $18,587 is $3,717). Is that right? And what about the over age 50 catch-up contribution of $6,000? I'm not sure if that's permitted in excess of the foregoing contribution without limitations (so total contribution to solo 401K would be $16,479 -- $10,479 plus 6,000).
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401king created a topic in 401(k) Plans

Solo 401(k)'s First 5500: Hello, DFVC

Client was self-administering his solo-401(k) from 1/1/2015 (effective date) through 9/1/2017 (when employees became eligible). Since then, my company has been administering the 401k. I had thought he was under the $250k threshold before this year (lesson learned: don't rely on client's assumptions). Assets on 12/31/2015 were less than $80,000; assets on 12/31/2016 were more than $250,000 but no Form 5500 was filed. I'm starting to work on the 5500 via DFVC. [1] We don't need to file a 2015 5500, correct? (Nothing about DFVC will require a 5500 for 2015 and a 5500 for 2016?) [2] Should the delinquent 5500 for 2016 be filed on a 2016 version of the form, or on the 2017 version of the form? [3] This will be the first filing for the plan effective 1/1/2015. Will my 2016 Plan Year be 1/1/2016 through 12/31/2016, or 1/1/2015 through 12/31/2016 (i.e., ncluding all contributions made for all years in this first 5500)? [4] The client should first file the late Form 5500 and then (immediately) file and pay for the DFVC, correct?
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dan.jock created a topic in Retirement Plans in General

Outsourced CFO -- Affiliated Service Group

If a doctor is a 79% partner at a surgery center and regularly performs service there as a sub-contractor, he is an affiliated service group and can't have a 1-person plan on the side. If an accountant is a 79% partner of a manufacturing firm and regularly performs services there as a sub-contractor, he or she can have a 1-person plan on the side since the manufacturing company is not a service organization. Seems unfair but legitimate. Am I misinterpreting?
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30Rock created a topic in 401(k) Plans

BRF Testing for Vesting

Sponsor would like to provide accelerated 100% vesting for a group of employees who are terminating in order to work for a new hospital. There are a mix of HCE's and NHCE's. How does the BRF test get performed? I understand that 2 tests are involved: The Ratio Percentage test, and the Nondiscriminatory Classification test. For the Ratio test, what numbers do I look at? For example, the number of NHCEs who are benefiting under the 100% vesting divided by the number of NHCEs not benefiting who are not already 100% vested, and likewise for the HCE group? The plan has 3-year cliff vesting, so obviously many HCE and NHCE are already vested and staying with the employer.
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30Rock created a topic in 401(k) Plans

Terms of Collective Bargaining Agreement Different Than Terms of Plan Document

What happens when a collective bargaining agreement differs than the terms of the plan document? Possibly the CBA was amended to provide a different match and employer contribution and the plan document was not amended accordingly, which I think can happen often. Some pre-approved documents have a check box to defer to the CBA. However, if the plan does not have this provision, which takes precedence? The plan or the CBA?
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Amanda Newell created a topic in 401(k) Plans

Section 409A Comp Eligible for 401(k) Deferrals?

Is compensation that complies with IRC Section 409A eligible for 401(k) deferrals?
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