The Rosenbaum Law Firm P.C. Blog

My latest article for JDSupra.com can be found here.

My latest article for JDSupra.com can be found here.

My latest article on JDSupra.com can be found here.

My latest article on JDSupra.com can be found here.

I was working with an advisor recently, who had issues with one of those third party administrators (TPAs) I warn people about. Yeah, you know the folks who do payroll as are TPAs on the side.

The problem here was that the TPA promised the advisor they could do certain administrative things for the client and they didn’t. So the advisor was forced to take the business to another TPA to fix all the errors made including making improper allocations based on previous years’ compensation.  The former TPA agreed to pay for the administrative corrections and then it took forever for the new TPA to ever get that payment.

I learned from my good friend and master salesman, Richard Laurita that you never betray or take advantage of those who bring you business. If you do something that makes the advisor uncomfortable to do business with you, they’ll never refer business to you again.

I used to have this recurring dream that I was back in college and it was my last semester. The dream was that there was this one class that I didn’t attend all semester and the finals were around the corner. Someone pointe doubt that the dream/nightmare was a fear of failing, perhaps they were right.

If I was a plan sponsor and I didn’t have the required Form 5500 filed, I don’t know if I’d sleep at night because that’s a nightmare that can’t go away. The reason why it’s a nightmare is that if it’s not corrected through the Department of Labor (DOL) Voluntary Compliance program and the DOL hits you with a penalty, the penalty for a late filing is $2,063 per day. If I knew my plan didn’t file the Form 5500 because one wasn’t completed, I would rush to call a third party administrator to have it done because you never know when the DOL will send out that letter asking for the filing.

It’s the most avoidable plan error and it’s amazing how many plans don’t file one on time for one reason or another. Then again, how many college students don’t attend a class all semester and show up for the finals?

As part of the budget agreement signed By President trump on February 9, some additional provisions have been added including changes to the hardship provisions for retirement plans.

The legislation requires the Internal Revenue Service to change its guidance and allow employees taking hardship distributions from a retirement plan to continue contributing to the plan without a six-month suspension. The revised regulations will apply to plan years beginning after Dec. 31, 2018.

The legislation also changes the rules relating to hardship withdrawals from 401(k) plans to permit employers to extend hardship distributions to amounts not previously permitted (QNEC and QMAC contributions). It also would remove the requirement that forced a participant take a loan before taking a hardship withdrawal. The provision applies to plan years beginning after Dec. 31, 2018.

My latest book, The Great 401(k) Book Sequel Ever is available on Amazon.com.

The Kindle version can be found here :
https://www.amazon.com/Greatest-401-Book-Sequel-Ever-ebook/dp/B079P51641/ref=sr_1_2?ie=UTF8&qid=1518222173&sr=8-2&keywords=ary+rosenbaum

The paperback copy can be found here:
https://www.amazon.com/Greatest-401-Book-Sequel-Ever/dp/1980234868/ref=sr_1_3?ie=UTF8&qid=1518222173&sr=8-3&keywords=ary+rosenbaum

Not many books can combine discussions about 401(k) plans, movie sequels, the truly vicious people at work, and synagogue politics. It also includes a discussion about rational or irrational decision-making by plan sponsors.

Any plan providers looking for bulk purchasing, speaking engagements, or media appearances, please contact me.

Trust is a very important thing to me. If I can’t trust people, I really don’t need them. The reason I can’t trust people is that they have given me reason enough not to trust them.

As a retirement plan provider, you really have one bit ate the trust apple. That means that if you do something that betrays the trust of your client, you’ll never get that trust back. Whether it’s billing issues or not doing something you were entrusted to do or something else, creating a problem that questions your client’s trust in you is eventually going be a major reason why you get fired.

What’s the best hamburger out there? There is a burger fad out there with so many expanding chain and franchised restaurants, so there are many choices out there. I’m sure there are thousands of places better than McDonald’s, but there are more McDonalds restaurants than any burger fast food restaurant. The folks at McDonald’s don’t say they’re the best burger out there, but they may say they’re the most popular. Bigger doesn’t mean better, popular doesn’t mean better.

So when it comes to choosing a third party administrator (TPA), the one list that plan sponsors should ignore is the list that shows the TPAs that are the biggest with most plans and/or most assets under administration. These lists are great for bragging rights, but they’re an awful idea for selecting a TPA. Finding the right TPA is like tailoring a suit, it’s all about fit. Picking a TPA just because they have so many plans and/or assets under administration is just silly.

There are many reasons why you should choose a TPA, just because they’re big isn’t a good enough reason.