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IRS Publishes Most Common 401(k) Mistakes

The Internal Revenue Service (IRS) has released a list of eleven of the most common mistakes made in 401(k) plan administration, and how plan sponsors can correct or avoid those errors. Plan sponsors should address the following eleven questions to avoid plan errors:

  1. Has your plan document been updated within the past few years to reflect recent law changes?
  2. Are the plan’s operations based on the terms of the plan document?
  3. Is the plan’s definition of compensation for all deferrals and allocations
    used correctly?
  4. Were employer-matching contributions made to all appropriate employees
    under the terms of the plan?
  5. Has your plan satisfied the nondiscrimination tests?
  6. Were all eligible employees identified and given the opportunity to make an
    elective deferral election?
  7. Are elective deferrals limited to the amounts under Internal Revenue
    Code section 402(g) for the calendar year? Have any excess deferrals been distributed?
  8. Have you timely deposited employee elective deferrals?
  9. If the plan was top-heavy, were the required minimum contributions made
    to the plan?
  10. Were hardship distributions made properly?
  11. Have you filed a Form 5500 series return, and have you distributed a
    Summary Annual Report to all plan participants this year?

The complete checklist can be found on the IRS website (www.irs.gov) in the
Retirement Plans section. The agency first uses a table to summarize the potential mistakes, and then shows how to identify, correct, and avoid them altogether. Each component of the table is linked to a more detailed explanation.

Contact your plan consultant if you have questions about your plan or any of the
items identified here.

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