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ERISA 05: Eligibility FAQs
Presentor: Derrin Watson Recorded Date: 12/21/2015 Duration: 60 Min.

Description
This program was recorded during a live presentation given on December 21, 2015 at 12:00PM EST.
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According to IRS examinations, applying eligibility conditions correctly (entering too early, too late or not at all) continues to be a problem for many plans. The results are not surprising considering the fact that rules are counterintuitive. Furthermore, many plans now include early eligibility conditions (i.e., less than one year) for which the regulations provide far less guidance.

Some of the more challenging eligibility questions that confront a retirement plan practitioner are questions relating to rehired employees. When does a rehired employee re-enter/enter the plan? When and how do the break-in-service rules affect rehired employees? Does the one-year hold-out rule apply to a 401(k) plan? A misapplication of the rules raises disqualification issues and the possibility of corrective contributions.

With some well-crafted examples, the speaker reviews some of the frequently asked questions and areas of common confusion that seem to follow rehired employees and early eligibility provisions. Practitioners attending this web seminar can obtain the necessary understanding to apply the rules properly, avoiding hours of difficult research.

What You'll Learn

  • When do rehired employees re-enter/enter the plan?
  • What is the proper way to apply early eligibility provisions?
  • What is the proper application of a “months” eligibility provision that does not include a service requirement?
  • When and how do the break-in-service rules apply?
  • Can you utilize the one-year hold-out rule in a 401(k) plan?
  • When can the plan treat the rehired employee as a new employee?
  • Distributions to rehired employees
  • When does an employee complete a year of service?
Prerequisites:

There are no prerequisites or other advanced preparation for this program. The speaker will expect attendees will have a general understanding of the operation of 401(k) and other retirement plans.

Level: Intermediate

Instructional Delivery Method
Group – Internet-Based

Speaker: S. Derrin Watson, J.D.
Recipient of ASPPA's 2006 Educator of the Year Award

Objectives: After attending this Web seminar, an attendee should be able to:

  • Determine when a rehired employee enters the plan
  • Apply the break-in-service rules correctly
  • Apply properly early eligibility provisions
  • Apply the repayment and restoration rules properly
  • Determine how to administer the eligibility rules where there is missing service data

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