Plan Correction

Extra! Extra! Stay up to date on the latest news about the DWC team.

The retirement plan landscape is ever evolving. We distill the details so you don’t have to!

We’ve corralled the best news from inside the beltway – not only regulations, but also new legislation from Congress as well as relevant guidance from the IRS and Department of Labor. In true DWC fashion, we don’t just repackage a recitation of the rules, we provide our thoughts and commentary about what those rules mean to you.

We know cash balance rules can be intimidating! Settle into the Cash Balance Corner and let us break it down for you.

Have 401(k) questions? We have 401(k) answers! We bring you answers to many of the common questions we receive.

A behind-the-scenes look not at how the sausage is made, but why we make it the way we do. (Hint: It’s all about the best interests of the client.)

We’re all about learning from other people’s (alleged) mistakes. We might not be attorneys, but we still follow benefits-related cases and summarize lessons and key take-aways. No hourly fee needed for these insights!

A deeper dive into retirement plan topics doesn’t have to be headache-inducing. Our Pension Primer articles provide depth of information without depth of jargon!

DWC |

Significant or Insignificant, That is the Question

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DWC |

Missed Deferral Opportunities: When Opportunity Doesn't Knock

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DWC |

Download the Significance of Failure Calculator

What does "significant" mean really? In order to be eligible to correct an operational error under the Employee Plans Compliance Resolution System's ("EPCRS") self-correction program one of the first ...
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Adam C. Pozek |

The New Eligible Inadvertent Failure: A “Catch-Most” for Self-Correcting Plan Errors

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DWC |

Your Definition of Compensation Isn't in the ERISA Dictionary? We've Got a Fix for That.

Getting creative with the plan’s definition of compensation can be an effective way to target benefits, budget your benefit dollars, and maintain consistent benefit levels from year to year. However, ...
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DWC |

Retroactively Decided Not to Make Safe Harbor Contributions for Your HCEs? We've Got a Fix (or Two) for That!

If you’ve been with us for a while you’ve heard us say a few things time and again. First, the rules and regulatory agencies do not allow plans to disproportionately favor highly compensated ...
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DWC |

When the Grass Isn't Greener with More Plans, There's a Fix for That!

In our last Correction of the Quarter, we looked at related companies setting up different types of plans for their respective employees and noted that this sort of structure isn’t “necessarily” a ...
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DWC |

We Can't Find our Signed Plan Document, Now What?

Facts We have a new TPA for our 401(k) plan and they’ve asked for our current plan document that was effective January 1, 2017. We know the document was signed back when it was prepared, but we can’t ...
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DWC |

Plan Corrections

The rules that govern retirement plans are voluminous and complex. The Pension Protection Act, passed in 2006, is just one of many laws that applies, and it is over 1,000 pages long. The Department ...
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DWC |

When More (Plans) Isn't Merrier: We've Got a Fix for That!

Stop us if you’ve heard this one before – a SEP, a SIMPLE, and a 401(k) walk into a bar…unfortunately, there’s not a great punch line at the end of this one. Instead of some good laughs, this ...
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DWC |

Your Safe Harbor Actually Isn't? We've Got a Fix for That!

We’ve been through a few Corrections of the Quarter together now, and we appreciate you being along for the ride. We feel this is pretty good stuff but, at the heart of it all, we’re pension geeks ...
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DWC |

Feeling Defeated in the Battle of Participant Loans? We've Got a Fix for That.

While not quite as ominous as a battle with the Night King, dealing with participant loans in retirement plans can be a daunting challenge for plan sponsors. Because of Congress’ concerns about ...
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DWC |

Are Missed Deferrals and Late Deferral Deposits the Same Thing?

Facts Our company sponsors a 401(k) plan. One of our newer employees, Jane Smith, met the eligibility requirements and should have joined the plan on January 1st. Due to an oversight, we forgot to ...
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DWC |

DWC News Update: The IRS Helps Those Who Help Themselves

The IRS did its part to make Friday, April 19th a really good Friday for those who sponsor qualified retirement plans. After not making many friends when it jacked up the user fees for the Voluntary ...
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DWC |

Forfeiture Account Gathering Dust? We’ve got a fix for that!

With all the responsibilities that come with being a plan sponsor, not to mention a business owner, your plan’s forfeiture account probably doesn’t make it anywhere near the top of the priority list. ...
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DWC |

Forgot to (Timely) Execute a Document Restatement? There's a Fix for That!

You probably know that establishing a qualified retirement plan requires the formal adoption of a written, legal plan document. And, if you’ve had a plan in place for any amount of time, you’ve most ...
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DWC |

10 Common Retirement Plan Compliance Failures Found by the IRS

Contrary to what some people may think while writing out checks for penalty fees, the IRS doesn't actually want to find compliance issues in retirement plans.
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DWC |

Delinquent Deposits of Employee Deferrals? There's a Fix for That!

While it might not seem like that big of a deal if 401(k) deposits are made a couple days or weeks late, the Department of Labor (DOL) considers those payroll withholdings to be plan money on the ...
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DWC |

How Are Corrective Refunds Determined for a Failed ADP Test?

Facts Our 401(k) plan failed the ADP test for the first time this year. We decided to correct the failure by making refunds to the highly compensated employees instead of making additional ...
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DWC |

How Do We Correct Missed Deferrals for New Hires?

Facts Our 401(k) plan allows new employees to make contributions on the first day of the quarter after they work for us for a year. All of our full-time employees have been with us for a long time. ...
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DWC |

An Employee Joined the Plan Too Soon:  No Harm, No Foul or Failure In Need of a Fix?

Facts In order to be eligible for our company’s 401(k) plan, employees must have worked for us for at least a year and be a minimum of 21 years old. They can join the plan on the next January 1st or ...
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DWC |

Correcting a Failure to Withhold Deferrals from Eligible Compensation

Facts ABC Company maintains a 401(k) plan that includes the following provisions: It operates on a calendar year. Compensation is defined as W2 wages with pre-tax deferrals added back and no ...
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DWC |

How Should We Handle It If We Accidentally Overfund Our 401(k) Match?

Facts Our company sponsors a safe harbor 401(k) plan with a match, and we also make a profit sharing contribution each year. Our payroll company calculates match and profit sharing contributions ...
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DWC |

Plan Corrections: When Bad Things Happen to Good Plans

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Adam C. Pozek |

SchoolHouse Rock Meets The 401(k) Plan

When I was kid, I used to love Schoolhouse Rock during the commercial breaks of Saturday morning cartoons. Even now, I have them all on DVD as well as a CD of covers by various rock musicians, and I ...
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Adam C. Pozek |

Accidents Will Happen

If you’ve spent any time working with retirement plans, you know how complicated they can be. It seems like every rule has an exception and an exception to that exception. It is no wonder that ...
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