EBIA Weekly Archives - 401(k) - Questions

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Results (56 articles found)


  1. Will an SPD posted on our company's intranet satisfy the requirement under ERISA to deliver SPDs to participants?
    From the October 01, 2009 EBIA Weekly
    QUESTION: Our plan administrator would like to post our company’s employee benefit plan SPDs on the company’s intranet instead of delivering paper copies to participants. Would this method of delivering SPDs satisfy ERISA? ANSWER: Yes, if ...
  2. Do the rules for suspending loan repayments during a regular leave of absence apply to military leave?
    From the September 03, 2009 EBIA Weekly
    QUESTION: We have several 401(k) plan participants who have been called to active military service and would like to suspend their plan loan repayments during their military leave. Do the rules for suspending loan repayments during a regular leave ...
  3. Can a plan limit the time a participant or beneficiary has to file a lawsuit after losing an appeal under the plan's claims procedures?
    From the June 18, 2009 EBIA Weekly
    QUESTION: Can our welfare and 401(k) plans impose a one-year deadline for participants or beneficiaries to file a lawsuit if they wish to challenge a final administrative determination under our plans’ claims procedures? ANSWER: Yes, your plans ...
  4. Are we required to amend our 401(k) plan this year if we have waived 2009 required minimum distributions?
    From the June 04, 2009 EBIA Weekly
    QUESTION: We have waived the required minimum distributions for 2009 under our 401(k) plan. Does the waiver of these distributions for 2009 require a plan amendment and, if so, when is the deadline for that amendment? ANSWER: The answer ...
  5. What are the requirements for keeping electronic records for our 401(k) plan?
    From the April 23, 2009 EBIA Weekly
    QUESTION: Our company increasingly relies on electronic records for our 401(k) plan, but we are concerned whether those records satisfy the Code and ERISA’s recordkeeping requirements. Could you review those requirements for us? ANSWER: Both the IRS ...
  6. Can you explain how the survivor benefit provisions in the Heroes Act apply to our 401(k) plan?
    From the March 26, 2009 EBIA Weekly
    QUESTION: I understand that the Heroes Act added survivor benefits for certain veterans. Could you explain how these provisions would apply to our 401(k) plan participants who are called to active duty? ANSWER: There are two survivor benefit provisions ...
  7. How do we decide what plan number to assign to a new plan?
    From the January 22, 2009 EBIA Weekly
    QUESTION: Our company is planning to establish a new health plan. How do we determine what plan number to assign to our new plan? ANSWER: The plan number is a three-digit number that the plan sponsor assigns to a ...
  8. When our reservist-employees are called to active duty, can they request distributions from our 401(k) plan?
    From the November 13, 2008 EBIA Weekly
    QUESTION: We understand that there are special rules permitting reservists to request distributions from their 401(k) plans when they are called to active duty. Can you explain these rules and tell us whether our 401(k) plan is required ...
  9. How should we determine if the rate of interest that our 401(k) plan charges on participant loans is reasonable?
    From the September 18, 2008 EBIA Weekly
    QUESTION: We are adding a participant loan program to our 401(k) plan. One issue that has come up is whether the interest rate that the plan charges on participant loans will satisfy the Department of Labor’s definition ...
  10. Can we exclude all part-time employees from our 401(k) plan?
    From the August 28, 2008 EBIA Weekly
    QUESTION: Our 401(k) plan requires completion of 1,000 hours of service in a 12-month period before an employee is eligible to participate in the plan. We find that we are hiring more part-time employees and would ...

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