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BenefitsLinkMessage Boards Digest

September 5, 2018

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

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smg created a topic in Distributions and Loans, Other than QDROs

My Boss Screwed Up, Now I'm Screwed (and So Is My Employer, I Assume)

I took out a 401(k) loan in December 2015 and have been making semi-monthly loan payments through payroll deduction ever since. My boss, whose responsibility it is to upload a report to our plan administrator that shows all employee contributions and loan payments), received the reports on a timely basis (I know this because I do payroll and I provide him with the reports myself) but failed to upload the reports in a timely manner. Some of the reports were uploaded as much as two months after the payroll date. As a result, my loan was called into default and declared a distribution. I somehow missed the 1099 that was issued at the end of 2017 (I never open my statements and I assume I tossed it thinking it was just another statement) and I did not become aware of the default until I recently logged on to change some of the investment options on my plan balance. I have made two of the partners at my firm aware of this and I need to determine exactly what the financial ramifications will be for me (the amount shown on the 1099 is $12,810.69, although the balance is less than that since I have continued to make my scheduled payments). The firm will have to make me whole, and I believe they will, but I need to know just exactly what this is going to cost me. I also need to know what my firm is facing in terms of penalties because there are at least three other outstanding loans that were probably also defaulted, not to mention the 401(k) contributions that were not posted to accounts in a timely manner. Employees will have lost out on interest since their contributions were not credited for as long as two months after they should have been. I am trying to arm myself with as much information as I can. Can anyone offer insight?
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goal00 created a topic in 401(k) Plans

Rules for Handling Seasonal Employees

The business currently has a plan that is open to employees, but only three employees participate, and of those three at least one is highly compensated. The business has many seasonal employees. The concern is that the plan in not in compliance. They are considering a safe harbor plan. From what I read, there are no specific rules about seasonal workers. A plan can impose attainment age of 21 and completion of 12 months of service (considered 1,000 hours of work). Participation may be conditioned on two years of service, if each participate has a vested right. Is there any general information on the rules regarding having only three employees participate when there a hundred seasonal workers (assume more than 1,000 hours)?
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Jim Chad created a topic in 401(k) Plans

What Does Line 14C on a Schedule K-1 Refer To?

What does line 14C on a Schedule K-1 (for Form 1065) refer to?
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beartd created a topic in 403(b) Plans, Accounts or Annuities

TPA's 3% Annual Loan Fee in 403(b): Reasonable?

I have a 403(b) Plan with a TPA which charges 3% of the loan balance annually as their loan fee. I've never heard of a loan fee based upon loan amount. On its face, this appears unreasonable. I generally see a fixed fee for loan initiation (around $100-$150) and an annual maintenance fee of around $25.
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Purplemandinga created a topic in Retirement Plans in General

New Money Purchase Plan: Must Fund at Least a Bit Before First Year-End?

We are setting up a money purchase plan for 2018 that will not have actual allocations made to the plan prior to 12/31/2018. The actuary is suggesting that a nominal amount be contributed to the plan prior to 12/31/2018 to establish the trust. Can someone point me to the regulation or guidance on why this would need to be done? Does it apply to all plans or is it special to plans subject to minimum funding requirements?
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