Back to the Basics of 401(k) Administration: A Review and Update on Compensation, Loan and Hardship Withdrawal Issues. Presented by: Heidi A.

Similar documents
S U M M A R Y P L A N D E S C R I P T I O N PayPal 401(k) Savings Plan

401(k) Basics Webcast

SAVE MART SUPERMARKETS RETIREMENT SAVINGS PLAN SUMMARY PLAN DESCRIPTION

SUMMARY PLAN DESCRIPTION. WD Associates, Inc. 401(k) Profit Sharing Plan

SUMMARY PLAN DESCRIPTION. Equinix, Inc. 401(k) Plan

NTESS SAVINGS AND INCOME PLAN

American Multi-Cinema, Inc. 401(k) Savings Plan

Hiding in Plain View: Impact of Recent Tax Legislation on Retirement Plans

SUMMARY PLAN DESCRIPTION. Powell Industries, Inc. Employees Incentive Savings Plan

CYSTIC FIBROSIS FOUNDATION 401(K) PLAN SUMMARY PLAN DESCRIPTION

Carroll Health Group 401(k) Plan

SUMMARY PLAN DESCRIPTION Standard Textile 401(k) Profit Sharing Plan

Fiesta Mart, Inc. 401(k) Retirement and Savings Plan

McALISTER OIL 401(k) PLAN (k) SAFE HARBOR NOTICE

SUMMARY PLAN DESCRIPTION. Canal Insurance Company 401(k) Savings and Investment Plan

SUMMARY PLAN DESCRIPTION. UNITED SUPERMARKETS, L.L.C. 401(k) RETIREMENT AND SAVINGS PLAN

TEAMHEALTH 401(K) PLAN SUMMARY PLAN DESCRIPTION

VOLT TECHNICAL SERVICES SAVINGS PLAN SUMMARY PLAN DESCRIPTION. VOLT INFORMATION SCIENCES, INC. (the Sponsor )

Westchester County Chapter NYSARC, Inc. Tax Deferred Annuity Plan

ICI SERVICES RETIREMENT SAVINGS PLAN SUMMARY PLAN DESCRIPTION

Willamette University Defined Contribution Retirement Plan

A SUMMARY PLAN DESCRIPTION OF RESOURCE MANAGEMENT, INC. 401(K) PLAN PLAN 101

Hope College Invest Plan

YKK 401(k) Retirement Plan

RIDER UNIVERSITY TAX DEFERRED ANNUITY PLAN SUMMARY PLAN DESCRIPTION. Date: September 2012

GENERAL INFORMATION... 2 PLAN CONTRIBUTIONS... 2 PLAN DISTRIBUTIONS... 3 PLAN LOANS... 4 ENROLLMENTS... 4 PLAN YEAR-END COMPLIANCE TESTING...

Plan Administration Manual

AMG 401(K) RETIREMENT PLAN SUMMARY PLAN DESCRIPTION

SPRINGS WINDOW FASHIONS 401(K) RETIREMENT PLAN SUMMARY PLAN DESCRIPTION

The New York-Presbyterian Hospital Tax Sheltered Annuity Plan

NorthWestern Energy. 401(k) Retirement Savings Plan SUMMARY PLAN DESCRIPTION. As in effect on January 1, 2017

COMMUNICATIONS WORKERS OF AMERICA SAVINGS & RETIREMENT TRUST SUMMARY PLAN DESCRIPTION

ZIMMER BIOMET NORTHWEST 401(K) PLAN SUMMARY PLAN DESCRIPTION

Jefferson Defined Contribution Retirement Plan. Summary Plan Description

TRUST HCS 401(K) PLAN SUMMARY PLAN DESCRIPTION

SUMMARY PLAN DESCRIPTION PIXAR Employee's 401(k) Retirement Plan

SUMMARY PLAN DESCRIPTION. TSP, Inc. 401(k) Plan

EOI SERVICE COMPANY, INC. RETIREMENT & SAVINGS PLAN SUMMARY PLAN DESCRIPTION

Plan Loan Administration

The 401(k) Stock Purchase Plan Summary Plan Description

THE COMPUTER MERCHANT, LTD. 401(K) RETIREMENT SAVINGS PLAN SUMMARY PLAN DESCRIPTION

October 1, 2012 SUMMARY PLAN DESCRIPTION FOR WESTMINSTER COLLEGE 403(B) RETIREMENT ACCOUNT

QUALIFIED RETIREMENT PLAN SUMMARY PLAN DESCRIPTION

DOLLAR FINANCIAL GROUP RETIREMENT PLAN SUMMARY PLAN DESCRIPTION

FRANKLIN ENERGY AND AM CONSERVATION 401(K) PLAN SUMMARY PLAN DESCRIPTION

BEACON LIGHT BEHAVIORAL HEALTH SYSTEMS RETIREMENT PLAN SUMMARY PLAN DESCRIPTION

Jefferson Defined Contribution Retirement Plan. Summary Plan Description

EXPLORING IN-SERVICE DISTRIBUTIONS

WHITE EARTH TRIBAL GOVERNMENT 401(K) PLAN SUMMARY PLAN DESCRIPTION

REQUEST FOR DISTRIBUTION

RALPH L. WADSWORTH CONSTRUCTION CO., INC. 401(K) PROFIT SHARING PLAN SUMMARY PLAN DESCRIPTION

Sunstate Equipment Co., LLC Retirement Savings Plan and Trust

Cracker Barrel Old Country Store, Inc.and Affiliates Employee Savings Plan Summary Plan Description

PHCM 401(K) SAVINGS PLAN SUMMARY PLAN DESCRIPTION

CHS/COMMUNITY HEALTH SYSTEMS, INC. STANDARD 401(K) PLAN SUMMARY PLAN DESCRIPTION JANUARY 1, 2014

The NewYork-Presbyterian Hospital Tax Sheltered Annuity Plan

THE HERRING IMPACT GROUP EMPLOYEES 401(K) PROFIT SHARING PLAN SUMMARY PLAN DESCRIPTION

FILICE INSURANCE 401(K) EMPLOYEE SAVINGS PLAN SUMMARY PLAN DESCRIPTION

This Summary Plan Description is a summary of the key provisions of the Seibels Employees' Profit Sharing and Savings Plan.

KELC 401(K) SAVINGS PLAN SUMMARY PLAN DESCRIPTION

Corporate Risk Holdings, LLC 401(k) Plan SUMMARY PLAN DESCRIPTION. Effective January 1, 2016

WORLD ACCEPTANCE CORPORATION RETIREMENT SAVINGS PLAN SUMMARY PLAN DESCRIPTION

TCS 401(k) PLAN SUMMARY PLAN DESCRIPTION. TATA America International Corporation 379 Thornall Street, 4th Floor Edison, New Jersey 08837

THE CHILDREN'S HOME OF READING RETIREMENT PLAN SUMMARY PLAN DESCRIPTION

Summary Plan Description. of the. MEIJER 401(k) RETIREMENT PLAN II

The Solomon R. Guggenheim Foundation 403(b) Retirement Plan

BHS Partnership 403(b) Pension Plan

HEALTH CARE COST SOLUTIONS, INC. HEALTH CARE COST SOLUTIONS PENSION PLAN AMENDMENT #3

University of St. Thomas Retirement Plan

S U M M A R Y P L A N D E S C R I P T I O N Marvell Semiconductor 401(k) Retirement Plan

Errors and acceptable correction methods Revised May 2017

SUPPLEMENTAL RETIREMENT ACCOUNTS FOR ALL EMPLOYEES OF DARTMOUTH COLLEGE SUMMARY PLAN DESCRIPTION. Effective September 1, 2018

SUMMARY PLAN DESCRIPTION FOR THE BILLION MOTORS, INC. SALARY DEFERRAL 401(k) PLAN

Summary Plan Description

IM Flash Technologies, LLC Retirement Plan (401(k) Plan)

This Summary Plan Description is a summary of the key provisions of the World Wide Technology, Inc. Employee Salary Deferral Retirement Program.

FLYERS ENERGY LLC PROFIT SHARING PLAN SUMMARY PLAN DESCRIPTION

Savings Plan. empower. your benefits : your health. Danaher Corporation & Subsidiaries. Savings Plan

BRIGHT WOOD 401(K) SAVINGS AND PROFIT SHARING PLAN SUMMARY PLAN DESCRIPTION

ValueVision Media, Inc. 401(k) Plan

VOLT TECHNICAL SERVICES SAVINGS PLAN SUMMARY PLAN DESCRIPTION

SUMMARY PLAN DESCRIPTION. The Churchill Benefit Corporation 401(k) Savings Plan

Colony Brands, Inc. Retirement Savings Plan

This Summary Plan Description is a summary of the key provisions of the Peoples Health Network 401(k) Profit Sharing Plan.

The Sheridan Group 401(k) Retirement Plan

NORTHERN CALIFORNIA CARPENTERS 401(K) PLAN

401(k) Retirement Savings Plan Summary Plan Description For Associates of Employers Who Make Safe Harbor Contributions

LEIDOS, INC. RETIREMENT PLAN FOR FORMER IS&GS EMPLOYEES SUMMARY PLAN DESCRIPTION. Effective August 2016

NOVA SOUTHEASTERN UNIVERSITY 401(K) PLAN SUMMARY PLAN DESCRIPTION

Salaried Savings Plan. Salaried Savings Plan. Global Compensation and Benefits

Advanced Issues With Participant Loans, Hardship Withdrawals and QDROS. Agenda. Hardship Distributions

401(k) Plan (Non-Sales Rep Employees)

DIOCESE OF SACRAMENTO 403(B) PLAN SUMMARY OF PLAN PROVISIONS

403(b) PLAN BASIC PLAN DOCUMENT

AAA CAROLINAS SAVINGS & RETIREMENT PLAN SUMMARY PLAN DESCRIPTION

General Information for 401k Plan Sponsor

IES HOLDINGS, INC. RETIREMENT SAVINGS PLAN SUMMARY PLAN DESCRIPTION

ARC International North America 401(k) Retirement Plan

January 1, 2016 SUMMARY PLAN DESCRIPTION FOR DYCOM INDUSTRIES, INC. RETIREMENT SAVINGS PLAN

SUMMARY PLAN DESCRIPTION FOR. The Roman Catholic Diocese of Raleigh 403(b) Retirement Plan

Transcription:

Back to the Basics of 401(k) Administration: A Review and Update on Compensation, Loan and Hardship Withdrawal Issues Presented by: Heidi A. Lyon

Compensation What We ll Cover Review of compensation concepts How it is used under plans Types of definitions Elements of compensation definition Recent changes Best practices

Compensation How It Is Used Calculating contributions ADP/ACP testing Identifying HCEs Determining benefits limits (e.g., annual additions, deduction limits, etc.)

Compensation Types of Definitions Compensation period Calendar year or plan year Participating or entire year Compensation elements Safe harbor (avoid non-discrimination testing requirements) Non-safe harbor (must test annually)

Compensation Safe Harbor Definitions W-2 FICA 415 wages two versions Statutory Simplified

Compensation Safe Harbor Definitions W-2 most common, FICA least W-2 not just Box 1 or Box 5 wages Remember to add back salary deferrals, but not Roth deferrals Watch for things that are excluded from definition, but show up in Box 1, e.g., post-termination pay 415 Simplified least restrictive

Compensation Non-Safe Harbor Definitions Can customize compensation definition by excluding/including specific items, e.g., bonuses Excluding an item just for HCEs does not take definition outside safe harbor Key to passing non-discrimination test - exclusions must limit HCE compensation as much as they limit NHCE compensation

Compensation Elements Wages earned from employer (earned income for self-employed) Add back pre-tax salary deferrals May exclude or include other elements, but limitations apply if want to remain in safe harbor Attached chart compares elements of safe harbor definitions

Compensation - Recent Changes Code Section 415 Final Regulations Post-termination pay excluded, except compensation may include the following if the plan permits it: 1. Regular, sick leave, vacation leave or other payments that would have been made regardless of separation, if paid before the later of 2½ months or end of the year 2. Payments to disabled participant 3. Payments to participant on military leave Accrued compensation Heroes Earnings Assistance and Relief Tax ( HEART ) differential pay

Compensation - Best Practices Contributions and testing only as accurate as your underlying compensation data Do you know what definitions your plan document says you use? Are you tracking types of pay in a way that matches your document? If you have multiple locations, do they use the same categories of pay?

Compensation - Best Practices Use same definition for all plan purposes Confirm document definition and payroll practices are consistent Preventative audit IRS Voluntary Compliance Program

Loans What We ll Cover Loans: A plan investment option where a participant may borrow from his/her own account and repay the amount borrowed over a fixed term with interest Review of loan administration Elements of loan transaction Loan processing challenges Recent changes Best practices

Loans Elements of Transaction Optional: Plan document must permit Steps: Participant applies (electronic application permitted) Determine amount available for loan Promissory note and loan approval (spousal consent may be required) Repayment of principal and interest in level payments through payroll deduction or other periodic payments Maximum term 5 years (except principal residence loan) Default is a deemed distribution and taxes and penalties apply to amount distributed

Loan Processing Challenges Calculating Amount Available Cannot exceed $50,000 and is limited to the greater of 50% of vested account balance, or $10,000 $50,000 limit reduced to account for other outstanding loans Multiple loan situations

Loan Processing Challenges Participants on Leave Unpaid leave Paid leave Suspension does not extend original loan due date Following suspension: Reamortize, or Balloon payment

Loan Processing Challenges Repayment Issues Cure period for missed payments No payment within cure period = default Plan administrator cannot waive default Must treat as deemed distribution Terminated participants Accelerate due date, or Collect payments at least quarterly Refinancing Different methods for handling, but cannot extend repayment deadline

Loans - Recent Changes IRS Voluntary Compliance Program available for correcting plan loan compliance failures Truth-in-lending disclosure no longer required under federal law May suspend repayments of participants on military leave for over a year

Loans - Best Practices Know the rules in your documents (plan, SPD, loan procedures and note) Ensure the documents match Awareness If loans are automated, do you know if they are being done correctly? Plan administrator generally liable even if not handling loan approvals IRS Voluntary Compliance Program

Hardship Withdrawals What We ll Cover Overview Immediate and heavy financial need Limits Tax consequences Processing steps and challenges Recent changes Best practices

Hardship Withdrawals - Overview Early distribution if: Immediate and heavy financial need Withdrawal necessary to satisfy need Exhausted other resources No repayment to plan Optional feature, but only allowed if authorized by plan document

Hardship Withdrawals - Immediate and Heavy Financial Need Rules for 401(k) v. other accounts 401(k) safe harbors Medical expenses Eviction or foreclosure Purchase principal residence Tuition payments Funeral expenses Casualty loss (in some cases this would be damage to a principal residence) Facts and circumstances

Hardship Withdrawals - Limits Amount Limited to vested account balance Must not exceed amount of need May gross up amount for taxes and penalties Origin Elective deferrals No elective deferral earnings, except in plans that permit inclusion of pre-89 earnings Pre-tax and Roth deferrals eligible Profit-sharing contributions and earnings Regular match contributions and earnings Safe harbor, QMAC and QNEC accounts ineligible

Hardship Withdrawals Taxes Distribution subject to income tax 10% penalty if participant < 59½ Voluntary withholding (standard 20% withholding is not required) Ineligible for rollover

Hardship Withdrawals - Processing File written application Ensure it is an eligible hardship and document hardship reason Notice of foreclosure Tuition bill Calculate amount available Should not approve if know other resources are available Distribution from plan and issue 1099 Suspend elective deferrals for six months

Hardship Withdrawals - Recent Changes Expansion of safe harbor reasons Funeral expenses Casualty losses Available for primary beneficiaries

Hardship Withdrawals - Best Practices Know your documents Ensure documents do not conflict Communicate with participants Keep good records IRS Voluntary Correction Program

Back to the Basics of 401(k) Administration: A Review and Update on Compensation, Loan and Hardship Withdrawal Issues Presented by: Heidi A. Lyon Email: hlyon@wnj.com Phone: (616) 752-2496