Exam Questions Flashcards

1
Q

All of the following statements regarding 401(k) plans are TRUE, EXCEPT:

A. A partner of a partnership can participate in a 401(k) plan.

B. A profit sharing plan may include a 401(k) component.

C. A sole proprietor can participate in a 401(k) plan.

D. A defined benefit plan may include a 401(k) component.

E. A stock bonus plan may include a 401(k) component.

A

D - A profit sharing plan or stock bonus plan may include a 401(k) component, but a defined benefit plan is not permitted to include a 401(k) component. (Syllabus Topic 1)

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2
Q

Which of the following statements regarding ASPPA’s Code of Professional Conduct is/are TRUE?

I. An ASPPA member may use membership titles and credentials only in accordance with ASPPA’s Code of Professional Conduct.

II. An ASPPA member may not provide a different opinion to a client when another ASPPA member has already provided an opinion or specific recommendation.

III. An ASPPA member must take reasonable steps to ensure that material prepared for a client is clearly and fairly presented to minimize the possibility of misinterpretation.

A. I only
B. II only
C. I and III only
D. II and III only
E. I, II and III

A

C - Providing a different opinion to a client when another ASPPA member has already provided an opinion or specific recommendation is not a violation of ASPPA’s Code of Professional Conduct. ASPPA recognizes that differences of opinion among benefits professionals may arise. ASPPA’s Code of Professional Conduct simply requires that discussion of such differences, whether directly between benefits professionals or in observations made to a client by one benefits professional on the work of another, should be conducted objectively and with courtesy. (Syllabus Topic 11)

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3
Q

Which of the following statements regarding participant loans is/are TRUE?

I. A plan may include a minimum loan of $1,000.

II. A plan may restrict the availability of loans to parties-in-interest, if desired.

III. The loan may be secured by no more than 50% of the participant’s vested accrued benefit.

A. I only
B. II only
C. I and III only
D. II and III only
E. I, II and III

A

E - All of the statements regarding participant loans are true.

The availability of the loans may be restricted to parties-in-interest. That would include all active employees, and only former employees or beneficiaries who satisfy the party-in-interest definition under ERISA §3(14). Generally, former employees or beneficiaries are not parties-in-interest, unless they are owners, directors, or officers of the employer, or have similar relationships with a business substantially owned by the employer. Merely being a participant (i.e., still having an unpaid vested accrued benefit in the plan) does not make a former employee a party-in-interest. (Syllabus topic 10)

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4
Q

Which of the following matching formulas satisfy the ACP test safe harbor?

I. A fixed matching contribution of 100% on the first 5% of compensation deferred

II. A discretionary matching contribution of 100% on the first 5% of compensation deferred

III. A fixed matching contribution of 200% on the first 4% of compensation deferred

A. I only
B. II only
C. I and III only
D. II and III only
E. I, II and III

A

C - Statement II provides for a discretionary matching contribution of 100% on the first 5% of compensation deferred. A discretionary formula that exceeds 4% of compensation will not satisfy the ACP safe harbor.

This 4% of compensation restriction does not apply to a fixed matching contribution formula. Statement I provides for a fixed matching contribution of 100% on the first 5% of compensation deferred. Because this formula is fixed rather than discretionary, it satisfies the ACP safe harbor.

To qualify for the ACP safe harbor, matching contributions (whether discretionary or fixed) may not be made with respect to elective deferrals in excess of 6% of compensation. While the ACP safe harbor limits the percentage of deferrals that may be taken into account, it does not limit the amount of matching contributions to 6% of compensation. A fixed matching contribution of 200% on the first 4% of compensation deferred would qualify for the ACP safe harbor. (Syllabus Topic 5)

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5
Q

Based on the following information, determine the number of rate groups for general testing under IRC §401(a)(4):

Participant EBAR
HCE 1 10.18%
HCE 2 7.21%
HCE 3 7.21%
NHCE 1 10.57%
NHCE 2 6.52%

A. One
B. Two
C. Three
D. Four
E. Five

A

B - Rate groups are identified by reference to the rate of each HCE. An HCE’s rate group includes all employees (HCEs and NHCEs) who have a rate equal to or greater than the HCE’s rate. In this example, there are two rate groups for general testing purposes: one for the HCE with a 10.18% Equivalent Benefit Accrual Ratio (EBAR) and one for the two HCEs with a 7.21% EBAR. Since two HCEs have the same EBAR, a single rate group covers them both. (Syllabus Topic 7)

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6
Q

Which of the following participants is/are included in the ACP test?

I. Employees who are eligible to make deemed IRA contributions but are not otherwise eligible for the plan

II. Employees who are eligible to make after-tax employee contributions

III. Employees who are eligible for an allocation of matching contributions

A. I only
B. II only
C. I and III only
D. II and III only
E. I, II and III

A

D - The ACP test does not include employees who are eligible to make deemed IRA contributions but are not otherwise eligible for the plan. (Syllabus Topic 2)

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7
Q

Based on the following information, determine the amount of the RMD:

  • The participant’s required distribution is for calendar year 2010.
  • The participant’s account balance as of 12/31/08 was $82,000.
  • The participant’s account balance as of 12/31/09 was $87,000.
  • The participant’s account balance as of 12/31/10 was $100,000.
  • The life expectancy factor is 25.6.

A. $0
B. $3,203
C. $3,398
D. $3,906
E. $5,000

A

C - The required minimum distribution (RMD) for 2010 is based on the account balance as of December 31, 2009. The RMD is $3,398 ($87,000 / 25.6). (Syllabus Topic 8)

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8
Q

All of the following statements regarding 401(k) nondiscrimination testing are TRUE, EXCEPT:

A. If all eligible employees are HCEs, the plan is deemed to satisfy the ADP test.

B. The NHCE ADP is deemed to be 3% in a new 401(k) plan using the current year testing method.

C. A 401(k) plan that benefits only NHCEs automatically satisfies the ADP test.

D. The NHCE ADP is deemed to be 3% in a new 401(k) plan using the prior year testing method.

E. The deemed 3% rule may not be used in ACP testing for years the employer does not make a discretionary matching contribution.

A

B - The deemed three percent rule generally applies to a new 401(k) plan that is using prior year testing. Since there is no prior year data for the NHCE group, the NHCE group’s ADP (and ACP, if applicable) is deemed to be 3 percent under the prior year testing method, unless the plan provides that it will determine the prior year ADP (and ACP, if applicable) on the basis of the actual NHCE data for the first plan year.

The deemed 3 percent rule applies only if the plan is using the prior year testing method. It will not apply to a new plan that is using the current year testing method.

The deemed 3% rule may not be used in ACP testing for years the employer does not make a discretionary matching contribution as there is no ACP test required. (Syllabus Topic 4)

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9
Q

All of the following statements regarding distribution reporting are TRUE, EXCEPT:

A. Form 1099-R must be provided to the participant by January 31st of the year following the year of distribution.

B. Elective deferrals are reported on Form 1099-R annually.

C. A Form 1099-R need not be filed for distributions that are less than $10.

D. The amount of state income tax withheld from a distribution is reported on Form 1099-R.

E. Form 1099-R must be provided to the IRS by February 28th of the year following the year of distribution.

A

B - Elective deferrals are not reported on Form 1099-R annually. Elective deferrals are reported on Form W-2. (Syllabus Topic 9)

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10
Q

All of the following statements regarding the calculation of an individual’s ADR are TRUE, EXCEPT:

A. Excess deferrals for an HCE are excluded from the calculation.

B. Excess deferrals for an NHCE are excluded from the calculation.

C. Excess annual additions for an HCE are excluded from the calculation.

D. Excess annual additions for an NHCE are excluded from the calculation.

E. QMACs for an HCE may be included in the calculation.

A

A - Excess deferrals for an HCE are included in the ADR calculation, while excess deferrals for an NHCE are excluded from the ADR calculation. (Syllabus Topic 2)

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11
Q

Based on the following information, determine the amount of excess contributions and allocable earnings taxable to the following participant:

  • Plan year elective deferrals are $15,000.
  • The plan does not allow for designated Roth contributions.
  • Plan year excess contributions are $2,000.
  • Allocable loss on the excess contribution is ($50).
  • Excess contributions and allocable earnings were distributed to the participant within 2½ months following the end of the plan year.
  • The participant is not catch-up eligible.

A. $0
B. $50
C. $1,950
D. $2,000
E. $2,050

A

C - Excess contribution of $2,000 must be adjusted for allocable earnings (the $50 loss). $2,000 - $50 = $1,950. The entire $1,950 distribution is taxable to the participant. (Syllabus Topic 3)

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12
Q

Based on the following information, determine the maximum disparity allowance for a plan with an integration level of 10% of the taxable wage base in effect for the plan year.

A. 0.0%
B. 4.5%
C. 4.7%
D. 5.4%
E. 5.7%

A

E - The maximum disparity percentage depends on the integration level, and how it compares to the taxable wage base in effect at the beginning of the plan year. The maximum disparity percentage is determined under the following table:

Int level Max Disparity %
Taxable wage base (TWB) 5.7%
> 80%, but < 100%, of TWB 5.4%
> 20%, but <= 80%, of TWB 4.3%
20% or less of TWB 5.7%

The maximum disparity percentage for a plan whose integration level is 10% of the taxable wage base is 5.7%. (Syllabus Topic 7)

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13
Q

Which of the following statements regarding ADP and ACP testing methods is/are TRUE?

I. The prior year testing method uses NHCE data from the prior plan year.

II. The plan document must specify whether current or prior year testing is used.

III. The current year testing method uses the HCE data from the current plan year.

A. I only
B. II only
C. I and III only
D. II and III only
E. I, II and III

A

E - All of the statements regarding ADP and ACP testing methods are true. (Syllabus Topic 2)

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14
Q

Which of the following statements distributions is/are TRUE?

I. An annuity contract must be purchased to provide annuity payments from a defined contribution plan.

II. An annuity contract must be purchased to provide installment payments from a defined contribution plan.

III. The payment methods available to plan participants are set by administrative procedure and need not be stated in the plan document.

A. I only
B. II only
C. I and III only
D. II and III only
E. I, II and III

A

A - A defined contribution plan may not make payments due under an annuity directly from the participant’s account because the account balance is subject to investment fluctuations and the annuity must be able to guarantee a stream of payments for the relevant life or lives. If an annuity is paid from a defined contribution plan, an annuity contract is purchased from an insurance company so that payments can be properly guaranteed.

In contrast, a defined contribution plan may make installment payments directly from the participant’s account, if desired. Installment payments are made until the participant’s balance is fully depleted. Purchasing an annuity contract to make installment payments is an option, but is not required.

The payment methods available must be stated in the plan document. (Syllabus Topic 8)

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15
Q

All of the following conditions must be satisfied for ERISA §404(c) relief to apply to investments in employer securities, EXCEPT:

A. The security must be publicly traded.

B. Trading must be sufficiently frequent.

C. All voting rights must pass through to the participants or beneficiaries.

D. Participants must be notified of the day-to-day financial status of the employer.

E. An independent fiduciary must be appointed when there is a potential for undue employer influence.

A

D - Participants need not be notified of the day-to-day financial status of the employer for the plan to receive ERISA §404(c) relief with regard to investment in employer securities. (Syllabus Topic 6)

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16
Q

All of the following statements regarding nondiscrimination testing of otherwise excludable employees are TRUE, EXCEPT:

A. A plan that disaggregates otherwise excludable employees for coverage testing purposes may use the early participation rule for nondiscrimination testing.

B. Only one ADP test is necessary when using the disaggregated plans testing method for nondiscrimination testing.

C. A plan that disaggregates otherwise excludable employees for coverage testing purposes may use the disaggregated plans testing method for nondiscrimination testing.

D. Only one ADP test is necessary when using the early participation rule for nondiscrimination testing.

E. A 401(k) safe harbor plan may be designed so that the safe harbor contribution is available only to statutory employees.

A

B - If a plan disaggregates the otherwise excludable employees for coverage testing purposes, there are two options for treating such employees under the ADP and ACP tests:

(1) the early participation rule testing method; or
(2) the disaggregated plans testing method.

If the disaggregated plans testing method option is used for ADP or ACP testing, statutory employees and otherwise excludable employees are completely disaggregated, as if each group participates in a separate plan: one covering the otherwise excludable employees, and the other covering the statutory employees. A separate ADP and, if applicable, a separate ACP test, is performed for each disaggregated plan.

The early participation rule makes the ADP and ACP tests simpler to perform when otherwise excludable employees are disaggregated for coverage testing purposes, because only one set of tests is required.

Under the early participation rule, a plan that disaggregates otherwise excludable employees for coverage purposes may perform the ADP test and the ACP test, taking into account all statutory employees and only those otherwise excludable employees who are HCEs. In other words, the otherwise excludable NHCEs are left out of the ADP and ACP tests entirely. (Syllabus Topic 4)

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17
Q

Which of the following statements regarding nondiscrimination testing in a 401(k) plan is/are TRUE?

I. The ACP test must include all eligible participants whether or not they make elective deferrals.

II. The 2% spread test may only be used to satisfy the ADP test or the ACP test, but not both.

III. The ACP test must include after-tax employee contributions, if any.

A. I only
B. II only
C. I and III only
D. II and III only
E. I, II and III

A

C - The 2% spread test may be used to satisfy the ADP test, the ACP test or both the ADP and ACP tests. (Syllabus Topic 2)

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18
Q

All of the following statements regarding safe harbor 401(k) plans are TRUE, EXCEPT:

A. Safe harbor contributions may be made for HCEs as well as NHCEs.

B. The safe harbor nonelective contribution may be used in the nondiscrimination testing under IRC §401(a)(4).

C. The safe harbor nonelective contribution may be used to satisfy a plan’s top-heavy minimum contribution requirements.

D. The safe harbor matching contribution may be discontinued during the plan year.

E. The safe harbor nonelective contribution may be used to satisfy a plan’s permitted disparity formula.

A

E - Safe harbor contribution may be used to support nondiscrimination testing in a number of ways. An employer may ―triple-dip‖ with the ADP safe harbor nonelective contributions—using them to enable the elective deferrals under the 401(k) arrangement to qualify for the ADP safe harbor, to satisfy the top-heavy minimum contribution obligation for the non-key employees, and to support IRC §401(a)(4) testing (other than permitted disparity) for other employer-provided benefits. (Syllabus Topic 5)

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19
Q

Which of the following is/are acceptable events for which a participant may receive a distribution of 401(k) elective deferrals?

I. Complete discontinuance of employer contributions to the plan

II. Termination of the plan, if no successor plan is maintained

III. In the event of financial hardship

A. I only
B. II only
C. I and III only
D. II and III only
E. I, II and III

A

D - Complete discontinuance of employer contributions to the plan is not an acceptable event for which a participant may receive a distribution of 401(k) elective deferrals. (Syllabus Topic 1)

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20
Q

All of the following statements regarding withholding are TRUE, EXCEPT:

A. Periodic payments are treated as wages for withholding purposes.

B. Unless otherwise elected by the participant, non-periodic payments that are not eligible for rollover are subject to 10% withholding.

C. The portion of an eligible rollover distribution that represents employer securities distributed in kind is not subject to mandatory 20% withholding.

D. Hardship withdrawals are subject to mandatory 20% withholding.

E. Eligible rollover distributions that are directly rolled over are not subject to mandatory 20% withholding.

A

D - If a distribution is an eligible rollover distribution, 20 percent federal tax withholding is required, to the extent the distribution is not rolled over in a direct rollover transaction. Since hardship withdrawals are not eligible rollover distributions, they are not subject to the 20 percent withholding rules.

If the distribution is not an eligible rollover distribution the rate of withholding depends on whether the distribution is a periodic payment or a non-periodic distribution. Withholding on periodic payments is determined in the same manner as withholding on wages, as if the payment was a payment of wages by an employer to an employee for the appropriate payroll period. The withholding rate on a non-periodic payment is 10 percent of the amount includible in income, unless the withholding waived by the participant.

Special withholding rules apply to distributions of certain noncash or cashless distributions including distributions of employer securities. (Syllabus Topic 9)

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21
Q

All of the following statements regarding shifting techniques are TRUE, EXCEPT:

A. QMACs may only be shifted to the ADP test as a method of correcting a failed ADP test.

B. The elective deferrals of some participants and not others may be shifted to the ACP test.

C. The ADP test must pass before and after elective deferrals are shifted to the ACP test.

D. QMACs shifted to the ADP test are not tested in the ACP test.

E. All or a portion of the QMACs may be shifted to the ADP test.

A

A - Under certain circumstances, QMACs may be shifted from the ACP test to the ADP test, where they can be used to help the ADP test to be satisfied. Plans may include QMACs in the ADP test regardless of whether the QMACs are needed to pass the ADP test. Any QMACs that are shifted to the ADP test are not tested in the ACP test. Shifting techniques allow for inclusion of all or a portion of the QMACs in the ADP test rather than in the ACP test.

Another shifting technique is to include elective deferrals in the ACP test. However, the ADP test must pass before and after elective deferrals are shifted to the ACP test. The regulations do not require that elective contributions be treated uniformly for testing purposes. The shifting may be done on an employee-by-employee basis. Thus, it is permissible to shift the elective deferrals of some participants and not others. (Syllabus Topic 3)

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22
Q

Based on the following information, determine the maximum amount available for a new loan to Participant A on January 1, 2010:

  • Participant A is not a participant in any other plans.
  • All required loan payments have been made timely.
  • No other loans have been taken during 2009.
  • The plan allows for multiple loans.
  • The participant has only one loan currently outstanding.

Vested account balance as of 1/1/10, including outstanding loan balance = $51,000

Outstanding loan balance on 1/1/10 = $8,500

Outstanding loan balance on 1/1/09 = $12,000

A. $13,500
B. $17,000
C. $25,500
D. $29,500
E. $38,000

A

B Loan limit under IRC §72(p) is $17,000, as follows:
First limit:
1. Highest outstanding loan in last 12 months $12,000
2. Current outstanding loan balance $8,500
3. Lesser of 1 and 2 $8,500
4. $50,000 less line 3 $41,500

Second limit:

  1. 50% of the vested balance $25,500
  2. Greater of 1 or $10,000 $25,500

Participant’s loan limit:
1.The lesser of the first and second limits $25,500
2. Current outstanding loan balance $8,500
3. Current amount available (1 – 2) $17,000
(Syllabus Topic 10)

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23
Q

Based on the following information, determine the maximum elective deferral that can be made by the HCE in 2010:

  • The plan is a calendar year 401(k) plan.
  • The participant’s total compensation for 2010 is $40,000.
  • The only other amount allocated to the participant’s account in 2010 is forfeitures of $1,000.
  • The IRC §402(g) limit in 2010 is $16,500.
  • The participant is age 45.
  • The maximum allowable catch-up contribution in 2010 is $5,500.
  • The plan passes ADP nondiscrimination testing.

A. $13,500
B. $15,500
C. $16,500
D. $21,000
E. $22,000

A

C - The IRC §402(g) limit in 2010 is $16,500. At age 45, the participant is not eligible to make a catch-up contribution. Plan forfeitures do not affect the IRC §402(g) deferral limit. The maximum elective deferral that can be made by the participant is $16,500. (Syllabus Topic 1)

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24
Q

All of the following are design-based safe harbor allocation formulas, EXCEPT:

A. Pro rata based on IRC §414(s) compensation

B. Allocation of $150 per participant

C. An employer contribution of $ 10 per month of service in the plan year

D. An employer contribution of $5 for every hour of service during the plan year

E. Allocation using permitted disparity under IRC §401(l)

A

C - A design-based safe harbor plan may satisfy the uniformity requirement by allocating on a pro rata basis, allocating a flat dollar amount for each participant or allocating the same dollar amount per unit of service performed by the participant during the plan year. However, the unit of service may not exceed one week.

An employer contribution of $10 per month of service is not a design-based safe harbor because the unit of time used to compute the dollar amount allocation exceeds one week. An employer contribution of $5 for every hour of service is a design-based safe harbor because the unit of time used to compute the dollar amount allocation does not exceed one week. A permitted disparity allocation is a design-based safe harbor. (Syllabus Topic 7)

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25
Q

Based on the following information, determine the due date of Form 5330:

  • The plan fails the ADP test for the plan year ending December 31, 2010.
  • Corrective distributions are made after March 15, 2011.
  • The plan does not include an automatic enrollment feature.

A. March 31, 2011
B. July 31, 2011
C. October 15, 2011
D. March 31, 2012
E. April 15, 2012

A

D - Corrective distributions must be made no later than 2½ months after the close of the plan year in order to avoid the excise tax. The employer pays the excise tax by filing Form 5330. The due date for payment is the last day of the 15th month following the close of the plan year. March 31, 2012 is the due date for Form 5330. (Syllabus Topic 3)

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26
Q

Which of the following investments satisfy the safe harbor default fund requirements?

I. Life-cycle funds

II. Stable value funds

III. Balanced funds

A. I only
B. II only
C. I and III only
D. II and III only
E. I, II and III

A

C - An investment fund product or model portfolio that is based on a participant’s age, target retirement date, or life expectancy satisfies the safe harbor default fund requirements. A life cycle fund or a targeted-retirement date fund would meet this requirement. A balanced fund, which provides for a reasonable mix between debt and equity securities also satisfies the safe harbor default fund requirements.

Stable value funds do not satisfy the safe harbor default fund requirements. A money market or stable value fund is only available as a safe harbor default for a limited period of time. These options may be used only for the first 120 days after the date of the participant’s first deferral. After that time, the account must be moved to the normal QDIA. (Syllabus Topic 6)

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27
Q

All of the following statements regarding catch-up contributions are TRUE, EXCEPT:

A. Catch-up contributions are not permitted unless the plan has been properly amended to allow for them.

B. Employees must be notified of their right to make catch-up contributions at least 30 days prior to the beginning of the plan year.

C. Catch-up contributions made by key employees for the current year are disregarded in determining the highest allocation rate for top-heavy minimum contribution purposes.

D. Catch-up contributions can occur when a participant’s deferrals exceed a plan imposed limit.

E. Elective deferrals that exceed the IRC §402(g) dollar limit and cannot be recharacterized as catch-up contributions must be refunded to the plan participant.

A

B - It is not required to notify employees of their right to make catch-up contributions at least 30 days prior to the beginning of the plan year. (Syllabus Topic 1)

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28
Q

All of the following are types of contributions that may be found in a 401(k) plan, EXCEPT:

A. Designated Roth contributions

B. Qualified nonelective contributions

C. Employer defined benefit contribution

D. After-tax employee contributions

E. Qualified matching contributions

A

C - Employer defined benefit contributions may not be made to a 401(k) plan. (Syllabus Topic 1)

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29
Q

Which of the following statements regarding compensation used in the ADP test is/are TRUE?

I. Compensation may be limited to the period during which the employee is an eligible employee for the plan year.

II. The definition of ADP test compensation must be the same definition that was used to determine compensation eligible for deferral.

III. ADP test compensation is not subject to the compensation dollar limit under IRC §401(a)(17).

A. I only
B. II only
C. I and III only
D. II and III only
E. I, II and III

A

A - It is permissible to use participation compensation for the ADP test. The definition of ADP test compensation is not required to be the same definition that was used to determine compensation eligible for deferral. ADP test compensation is subject to the compensation dollar limit under IRC §401(a)(17). (Syllabus Topic 2)

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30
Q

All of the following are eligible rollover distributions, EXCEPT:

A. Corrective distribution due to a failed ACP test

B. In-service distribution

C. Lump-sum distribution due to disability

D. QDRO distribution

E. Lump sum distribution due to death

A

A - Corrective distributions are not eligible for rollover. (Syllabus Topic 9)

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31
Q

Which of the following are required elements of a QDRO?

I. Name and last known mailing address of the plan administrator

II. Amount or percentage of benefits payable to the alternate payee

III. Number of payments or the period to which the order applies

A. I only
B. II only
C. I and III only
D. II and III only
E. I, II and III

A

D - QDROs must contain the name and last known mailing address of the participant and the alternate payee covered by the order, but there is no requirement that the name and last known mailing address of the plan administrator be included. (Syllabus Topic 8)

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32
Q

Based on the following information, determine the amount of the basic matching contribution for the safe harbor 401(k) plan:
Part Comp Deferral
A $100,000 $10,000
B $ 80,000 $ 0
C $ 75,000 $4,500
D $ 40,000 $1,200

A. $8,200
B. $8,600
C. $8,850
D. $10,600
E. $14,750

A

A - The basic formula provides the following match: 100% match on the first 3% of compensation deferred plus 50% match on the next 2% of compensation deferred.
Part, Comp, Deferral, %Def, 100%-3%, 50%-2%
A, $100,000, $10,000, 10%, $100,000 * 3% = $3,000, $100,000 * 2% * 50% = $1,000

B, $80,000, $0, 0%, $0, $0
C, $75,000, $4,500, 6%, $75,000 * 3% = $2,250, $75,000 * 2% * 50%= $750

D, $40,000, $1,200, 3%, $40,000 * 3% = $1,200,
$0

$3,000 + $1,000 + $2,250 + $750 + $1,200 = $8,200 (Syllabus Topic 5)

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33
Q

Based on the following information, determine the ADP for the following NHCEs:

  • Before meeting the eligibility requirements, Employee C made a one time irrevocable election not to participate in the 401(k) plan or any other plan of the employer
  • Employee E was suspended from deferring during a portion of the plan year because he received a hardship withdrawal.
  • The plan satisfies IRC §410(b) coverage requirements.
  • All employees listed below have satisfied the eligibility requirements.
  • Gross compensation is used in the ADP test.
  • None of the employees are catch-up eligible.

Emp Gross Comp Elective Deferral
A $50,000 $5,000
B $40,000 $2,000
C $30,000 $0
D $20,000 $800
E $20,000 $0

A. 3.80%
B. 4.75%
C. 4.88%
D. 6.00%
E. 6.33%

A

B - All eligible employees are included in the ADP test except the employee that made a one-time irrevocable election not to participate in the 401(k) plan or any other plan of the employer. Employees that are suspended from deferring during a portion of the plan year due to a hardship withdrawal are included in the ADP test. Employees that elect to defer $0 are included in the ADP test.

The NHCE ADRs are determined as follows:
Elective Deferral / Gross Compensation = ADR

Part, GrComp, ElectDef, ADR
A, $50,000, $5,000, $5,000 / $50,000 = 10%
B, $40,000, $2,000, $2,000 / $40,000 = 5%
C, $30,000, $0, Excluded from test
D, $20,000, $800, $800 / $20,000 = 4%
E, $20,000, $0, $0 / $20,000 = 0%

The NHCE ADP is 4.75% ((10% + 5% + 4% +0%) / 4). (Syllabus Topic 2)

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34
Q

All of the following are required participant disclosures under ERISA §404(c), EXCEPT:

A. A description of investment options

B. Restrictions on investment selection or transfers

C. Explanation of fees that may be charged for investment transfers

D. The beneficial interest of each participant in the plan

E. Information regarding the plan fiduciary responsible for providing information to participants

A

D - ERISA §404(c) does not require disclosure to participants regarding the beneficial interest of each participant in the plan. (Syllabus Topic 6)

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35
Q

Which of the following statements regarding lump sum distributions is/are TRUE?

I. If a participant is still employed by the employer, the balance to the credit includes nonvested amounts.

II. All payments must be made within one taxable year in order to be considered a lump sum distribution.

III. If contributions are allocated to the participant after the distribution, such amounts need not be distributed in the same taxable year for lump sum distribution purposes.

A. I only
B. II only
C. I and III only
D. II and III only
E. I, II and III

A

E - The employee’s balance to the credit is the entire value of his accrued benefit, including amounts that are not includible in income (basis). The balance to the credit is determined at the time the distribution is made. If the participant has separated from service, the balance to the credit does not include nonvested amounts. If the participant is still employed by the employer, the balance to the credit includes nonvested amounts. Since the nonvested amount will not be paid to the participant, a partially vested participant must have a separation from service before receiving a lump sum distribution.

To be considered a lump sum distribution, the must generally be made within one taxable year. However, if contributions or trust earnings are allocated to the participant after the distribution, such amounts need not be distributed in the same taxable year for lump sum distribution purposes. (Syllabus Topic 9)

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36
Q

All of the following statements regarding in-service and hardship withdrawals are TRUE, EXCEPT:

A. Except in the case of a hardship or normal retirement, employer contributions must remain in a profit sharing plan for at least two years before an in-service withdrawal is permitted.

B. In-service withdrawals may be made from after-tax employee contribution accounts at any time as long as the plan document allows for the withdrawals.

C. The amount of the hardship withdrawal must be limited to the amount necessary to satisfy the financial need.

D. The plan administrator may use a safe harbor test to determine if the hardship requirements have been satisfied.

E. Participants receiving a hardship withdrawal are suspended from making elective deferrals for a minimum of three months.

A

E - Participants receiving a hardship withdrawal are suspended from making elective deferrals for a minimum of six months. (Syllabus Topic 8)

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37
Q

Based on the following information, determine the amount of excess contribution and allocable earnings taxable to the following participant:

  • 2010 deferrals are $15,000.
  • 2010 excess contributions are $2,000.
  • Allocable earnings on the excess contribution are $60.
  • Excess contributions and allocable earnings were returned to the participant on March 1, 2011.
  • The participant is not catch-up eligible.

A. $ 0
B. $ 60
C. $1,940
D. $2,000
E. $2,060

A

E - Excess contribution of $2,000 must be adjusted for allocable earnings (the $60 gain). $2,000 + $60 = $2,060. The entire $2,060 distribution is taxable to the participant. (Syllabus Topic 3)

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38
Q

All of the following statements regarding age-weighted plans are TRUE, EXCEPT:

A. Age-weighted plans allocate employer contributions on the basis of an actuarial factor, called a normalization factor.

B. Age-weighted plans do not have to meet gateway requirements for cross-testing.

C. Age-weighted plans are designed to produce the same EBAR for each participant.

D. Age-weighted plans satisfy nondiscrimination requirements through general testing.

E. If all participants have the same EBAR, there is only one rate group to test for nondiscrimination.

A

B - Because age-weighted plans are designed specifically to be cross-tested (i.e., allocations are converted to EBARs for IRC §401(a)(4) testing purposes), these plans are subject to the gateway rules. However, most age-weighted plans are able to satisfy an age-based allocation schedule exception to the minimum allocation gateway, because the allocation rates differ solely on the basis of age.

An HCE’s rate group includes all employees (HCEs and NHCEs) who have an EBAR equal to or greater than the HCE’s rate. If all participants have the same EBAR, there is only one rate group to test for nondiscrimination. (Syllabus Topic 7)

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39
Q

All of the following statements regarding eligible rollover distributions are TRUE, EXCEPT:

A. A rollover option is available to the surviving spouse of a deceased participant.

B. A rollover can be made directly by the plan trustee.

C. A rollover option is available to the spouse or former spouse who is receiving payment of the participant’s benefits through a QDRO.

D. Rollover to a traditional IRA permits continued investment of the benefit on a tax-deferred basis.

E. A rollover option is available on all distributions.

A

E - Not all distributions are eligible for rollover. (Syllabus Topic 9)

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40
Q

Which of the following statements regarding corrective distributions for a failed ADP test is/are TRUE?

I. If a catch-up eligible HCE has not fully utilized the catch-up limit permitted by the plan, the HCE’s excess contributions must be recharacterized as catch-up contributions up to the remaining catch-up limit.

II. Under the leveling method, the percentages of the HCEs are being reduced to the levels that cause the ADP test to pass if recalculated.

III. If the HCE has both pre-tax and designated Roth contributions, the designated Roth contributions are the first to be refunded as excess contributions.

A. I only
B. II only
C. I and III only
D. II and III only
E. I, II and III

A

A - If the plan permits catch-up contributions and an HCE is a catch-up eligible participant, a portion of the HCE’s corrective distribution must be recharacterized as a catch-up contribution if the catch-up limit has not yet been reached.

Under the leveling method, the percentages of the HCEs are not actually being reduced to the levels that would be needed to pass the ADP test. The percentage reductions are used only in the first step of the process, to determine the total correction amount, but the total correction amount is divided up by dollar amounts of deferrals to determine who receives the corrective distributions. If the deferral percentages of the HCEs are recalculated after the distributions are made, the ADP test would still not pass. However, the test is deemed to be passed.

If an HCE’s elective deferrals for a plan year include both pre-tax and Roth contributions, the designated Roth contributions are not necessarily the first to be refunded. The plan may permit the HCE to elect make an election as to which type of contribution is attributable to the excess contributions being refunded. It is also permissible for the plan to specify the ordering preference for distributed or recharacterized excess contributions, not giving the HCE an option. (Syllabus Topic 3)

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41
Q

All of the following are requirements of a QJSA, EXCEPT:

A. If the QJSA form of benefit applies, the participant may not elect any other form of benefit.

B. A plan is required to provide a QJSA form of benefit unless specifically exempt from the requirement.

C. If the QJSA is required, it applies to the entire vested accrued benefit, including after-tax employee contributions and rollover contributions.

D. A profit sharing plan may be exempt from the QJSA requirement if the death benefit is payable in full to the surviving spouse.

E. The survivor annuity must be no greater than 100% and no less than 50% of the annuity paid during the participant’s life.

A

A - If the QJSA rule applies to a participant, the QJSA form of payment is mandatory unless the participant elects a different form of payment available under the plan. The participant may elect another form of benefit, if desired. (Syllabus Topic 8)

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42
Q

All of the following statements regarding benefits-based testing are TRUE, EXCEPT:

A. If two participants receive the same percentage of compensation as a contribution allocation, the younger participant will have a higher EBAR.

B. Only one rate group needs to satisfy the coverage rules of IRC §410(b).

C. A participant’s EBAR may be adjusted for imputed disparity.

D. Benefits-based testing generally favors older employees.

E. A defined contribution plan must first satisfy gateway requirements before it can be cross-tested.

A

B - Every rate group needs to satisfy the coverage rules of IRC §410(b). (Syllabus Topic 7)

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43
Q

Which of the following statements regarding testing in a 401(k) plan is/are TRUE?

I. When testing the 401(k) component, a participant is treated as eligible even if the right to defer is suspended due to a hardship withdrawal.

II. When testing the 401(m) component, the testing population includes only the benefiting group for employer matching and after-tax employee contribution purposes.

III. The exclusion category for terminated participants who complete 500 or fewer hours does not apply when testing the 401(k) component.

A. I only
B. II only
C. I and III only
D. II and III only
E. I, II and III

A

E - All of the statements regarding coverage testing in a 401(k) plan are true. When testing the 401(m) plan, the employee is benefiting if he or she is an eligible employee under the 401(m) plan. (Syllabus Topic 2)

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44
Q

All of the following distributions are exempt from the 10% tax on early distributions, EXCEPT:

A. Distributions from a qualified plan made to a participant who separates from service on or after attaining age 55

B. Hardship withdrawals taken to prevent eviction from or foreclosure on a principal residence

C. Excess deferrals returned under IRC §402(g)

D. Distributions made to an alternate payee under a QDRO

E. Distributions taken in substantially equal payments over the participant’s lifetime, regardless of the participant’s age when payments begin

A

B - Hardship withdrawals do not qualify for an exemption from the 10% tax on early distributions. (Syllabus Topic 9)

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45
Q

All of the following statements regarding minimum distribution requirements are TRUE, EXCEPT:

A. The RBD for all participants is April 1st of the year following the later of the calendar year in which the participant attains age 70½ or retires.

B. The five-year rule requires that the entire interest of the plan participant must be distributed within five years of death.

C. The life expectancy factor is based on the participant’s attained age in the applicable distribution calendar year.

D. If the participant’s sole beneficiary for the entire calendar year is the spouse who is 10 years younger, the life expectancy factor is equal to their joint life expectancy factor.

E. It is possible for two minimum distributions to occur in the same distribution calendar year.

A

A - The definition of RBD differs for participants who are 5 percent owners than for participants who are not 5 percent owners. For a participant who is not a 5 percent owner, the RBD is April 1st of the year following the later of the calendar year in which the participant attains age 70½ or retires. For a participant who is a 5 percent owner, the RBD is April 1st following the close of the calendar year in which he or she attains age 70½, regardless of whether he or she retires by the end of that year.

It is possible for two minimum distributions to occur in the same distribution calendar year. If a participant opts to take the first RMD on April 1st of the year following the calendar year in which the participant attains age 70½ or retires, a second RMD will be due by December 31st of the same calendar year. (Syllabus Topic 8)

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46
Q

All of the following may result in a refund to a participant in a 401(k) plan, EXCEPT:

A. Excess contributions

B. Excess aggregate contributions

C. Excess deferrals

D. Excess accumulations

E. Excess annual additions

A

D - The following may result in a refund to a participant in a 401(k) plan:

  • Excess deferrals (elective deferrals that exceed the IRC §402(g) dollar limit)
  • Excess aggregate contributions (matching contributions that cause the plan to fail the ACP test)
  • Excess contributions (elective deferrals that cause the plan to fail the ADP test)
  • Excess annual additions (amounts allocated to a plan participant that exceed the IRC §415 limit)

(Syllabus Topic 1)

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47
Q

Based on the following information, determine the maximum amount available for a new loan to Participant B on January 1, 2010:

  • Participant B is not a participant in any other plan.
  • All required loan payments have been made timely.
  • No other loans have been taken during 2009.
  • The plan allows for multiple loans.
  • The participant has only one loan currently outstanding.
  • The plan does not permit the use of outside collateral to secure a loan

Vested account balance as of 1/1/10, including outstanding loan balance = $20,000
Outstanding loan balance on 1/1/10 = $5,000
Outstanding loan balance on 1/1/09 = $7,000

A. $0
B. $4,000
C. $5,000
D. $6,500
E. $8,000

A

C - Loan limit under IRC §72(p) is $5,000, as follows:

First limit:

  1. Highest outstanding loan in last 12 months = $7,000
  2. Current outstanding loan balance = $5,000
  3. Lesser of 1 and 2 = $2,000
  4. $50,000 less line 3 = $48,000

Second limit:
50% of the vested balance = $10,000
Note: The $10,000 minimum only applies to the second if the plan allows for collateral in addition to the participant’s vested interest. In this scenario, the plan does not permit the use of outside collateral to secure the loan.

Participant’s loan limit:

  1. The lesser of the first and second limits = $10,000
  2. Current outstanding loan balance = $5,000
  3. Current amount available (1 – 2) = $5,000

(Syllabus Topic 10)

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48
Q

Which of the following actions is/are acceptable in accordance with the ASPPA Code of Professional Conduct?

I. Being convicted of felony DWI

II. Being convicted of a misdemeanor due to reckless driving

III. Reviewing the provisions of a client’s qualified plan that is administered by another firm

A. I only
B. II only
C. I and III only
D. II and III only
E. I, II and III

A

D - A member who pleads guilty to or is found guilty of any misdemeanor related to financial matters or any felony is in violation of ASPPA’s Code of Professional Conduct. Since the misdemeanor reckless driving charge is not financially-related, it does not violate the Code. The felony DWI violates the Code since any felony is in violation, regardless of whether the action is financially-related. (Syllabus Topic 11)

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49
Q

All of the following statements regarding the IRC §402(g) dollar limit on elective deferrals are TRUE, EXCEPT:

A. The IRC §402(g) dollar limit is determined on a calendar year basis.

B. The IRC §402(g) dollar limit is pro-rated in short plan years.

C. Elective deferrals made to nonqualified deferred compensation plans are not subject to the IRC §402(g) limitations.

D. In general, elective deferrals made to a 125 plan are not subject to IRC §402(g) limitations.

E. Catch-up contributions are not subject to IRC §402(g) dollar limitations.

A

B - The IRC §402(g) dollar limit is not pro-rated in short plan years. (Syllabus Topic 1)

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50
Q

Which of the following statements regarding new comparability plans is/are TRUE?

I. A new comparability plan gives the employer the discretion to determine the annual contribution level for each allocation group.

II. A new comparability plan gives the employer the discretion over the manner in which contributions are allocated within each allocation group.

III. New comparability formulas meet safe harbor requirements and need not use general testing to satisfy nondiscrimination requirements.

A. I only
B. II only
C. I and III only
D. II and III only
E. I, II and III

A

A - A new comparability plan gives the employer the discretion to determine the annual contribution level for each allocation group, but not over the manner in which contributions are allocated within each allocation group. The manner in which the allocations are determined must be specified in the plan document.

New comparability formulas do not meet safe harbor requirements and must use general testing to satisfy nondiscrimination requirements. (Syllabus Topic 7)

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51
Q

Which of the following statements regarding QNECs used to correct failed nondiscrimination tests is/are TRUE?

I. The plan sponsor can pick and choose which participants will receive an allocation of QNECs

II. QNECs used in the ADP test may not be used in the ACP test.

III. To be included in the ADP test, QNECs must be contributed no later than 12 months after the close of the plan year for which they are allocated.

A. I only
B. II only
C. I and III only
D. II and III only
E. I, II and III

A

D - QNECs must be allocated under a definite allocation formula, as required for all contributions to a profit sharing plan. The employer cannot pick and choose which participants will receive an allocation of QNECs. (Syllabus Topic 3)

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52
Q

All of the following are valid permitted disparity formulas, EXCEPT:

  • The integration level for the plan is the TWB in effect for the plan year.

A. 4.3% of total compensation plus 4.3% of compensation in excess of the TWB

B. 5.4% of total compensation plus 5.4% of compensation in excess of the TWB

C. 6% of total compensation plus 5.4% of compensation in excess of the TWB

D. 7% of total compensation plus 5.7% of compensation in excess of the TWB

E. 7% of total compensation plus 7% of compensation in excess of the TWB

A

E - 7% of total compensation plus 7% of compensation in excess of the Taxable Wage Base (TWB) is not a valid permitted disparity formula. The maximum disparity allowance is the lesser of a maximum disparity percentage or the base contribution percentage. If the integration level is the TWB, the maximum disparity percentage is 5.7%. (Syllabus Topic 7)

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53
Q

Which of the following statements regarding deemed distributions is/are TRUE?

I. A participant continues to have an outstanding loan obligation to the plan after a deemed distribution.

II. A deemed distribution is not includable in the gross income of the participant.

III. The participant’s account balance is immediately reduced by the amount of the deemed distribution.

A. I only
B. II only
C. I and III only
D. II and III only
E. I, II and III

A

A - A deemed distribution is subject to the same tax rules under IRC §72 as an actual distribution from the plan. In this regard, the amount deemed to be distributed is includible in the gross income of the participant.

While a deemed distribution of a loan is treated as a distribution for IRC §72 purposes, it is not treated as an actual distribution for other plan purposes. Account balances or accrued benefits are not immediately reduced by the deemed distribution. (Syllabus Topic 10)

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54
Q

All of the following statements regarding safe harbor 401(k) plans are TRUE, EXCEPT:

A. To qualify for the ADP safe harbor, the employer must make either a minimum matching contribution or a minimum nonelective contribution.

B. A safe harbor 401(k) plan will automatically satisfy the ACP test for all matching contributions if the requirements for the ADP safe harbor are met.

C. The minimum contribution that the employer must contribute to satisfy the ADP safe harbor requirement must be fully vested at all times.

D. Safe harbor contributions may be made for HCEs as well as NHCEs.

E. The employer sponsoring a safe harbor 401(k) plan must provide for an annual written notice to eligible participants.

A

B - A safe harbor 401(k) plan does not automatically satisfy the ACP test for all matching.

If a safe harbor 401(k) plan provides for the safe harbor matching contribution using the basic formula, and there are no other matching contributions in the plan, the match automatically satisfies the ACP safe harbor. The enhanced matching contribution formula under the ADP safe harbor may or may not satisfy the ACP safe harbor requirements.

If a plan provides the basic or enhanced matching contributions, but also makes additional matching contributions, the employer will have to determine whether all of the matching contributions combined (including the basic or enhanced match) satisfy the formula requirements for the ACP safe harbor. If they do, then no ACP test is required on the matching contributions. If they do not, then the ACP test will need to be run. (Syllabus Topic 5)

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55
Q

Which of the following is/are acceptable ways a plan may satisfy IRC §401(a)(4)?

I. A defined contribution plan may satisfy IRC §401(a)(4) by showing contributions are nondiscriminatory.

II. A defined benefit plan may satisfy IRC §401(a)(4) by showing benefits are nondiscriminatory.

III. A defined contribution plan may satisfy IRC §401(a)(4) by showing benefits are nondiscriminatory.

A. I only
B. II only
C. I and III only
D. II and III only
E. I, II and III

A

E - All are acceptable ways a plan may satisfy IRC §401(a)(4). A defined contribution plan may satisfy IRC §401(a)(4) by showing that either contributions or benefits are nondiscriminatory. A defined benefit plan may satisfy IRC §401(a)(4) by showing that either benefits or contributions are nondiscriminatory.

Testing defined contribution plans on a benefits basis or testing defined benefit plans on a contributions basis is referred to as cross-testing. (Syllabus Topic 7)

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56
Q

Based on the following information, determine the maximum elective deferral that HCE 1 could make that would satisfy the ADP test:

  • Gross compensation is used in the ADP test.
  • None of the participants are catch-up eligible.

Emp Gross Comp Elective Def
HCE 1 $100,000
HCE 1 $50,000 $3,000
NHCE 1 $50,000 $2,000
NHCE 2 $40,000 $1,200
NHCE 2 $30,000 $600

A. $1,500
B. $3,750
C. $4,000
D. $5,000
E. $6,000

A

C - The ADRs are determined as follows:
Elective Deferral / Gross Compensation = ADR
Gross Comp ElectDef ADR
HCE1 $100,000
HCE2 $50,000 $3,000 $3,000 / $50,000 = 6%
NHCE1 $50,000 $2,000 $2,000 / $50,000 = 4%
NHCE2 $40,000 $1,200 $1,200 / $40,000 = 3%
NHCE3 $30,000 $600 $600 / $30,000 = 2%

The NHCE ADP is 3.00% ((4% + 3% + 2%) / 3).

First test:
The NHCE ADP times 1.25 = 3.75%

Second test:
The NHCE ADP times 2 = 6%
The NHCE ADP plus 2% = 5%

The HCE ADP may equal the greater of the first test (3.75%) or the lesser result of the second test (5%). The greater of the two is 5%.

Since HCE2 deferred 6%, HCE1 may defer 4% without causing the plan to fail as this would result in an HCE ADP of 5% ((6% + 4%) / 2 = 5%).

With compensation of $100,000, a 4% elective deferral contribution would equal $4,000. (Syllabus Topic 2)

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57
Q

All of the following statements regarding EACAs are TRUE, EXCEPT:

A. Employees may withdraw elective deferrals made as a result of automatic enrollment during the first 60 days of participation in the EACA.

B. An automatic enrollment notice must be given within a reasonable period of time before each plan year to each applicable employee.

C. An EACA has 6 months after the close of the plan year to make corrective distributions to HCEs to correct a failure of the ADP and/or ACP tests.

D. A QACA is an EACA that meets safe harbor requirements and is exempt from ADP testing.

E. A plan with a QACA qualifies for an exemption from the top heavy rules.

A

A - An eligible automatic contribution arrangement may allow employees to elect to withdraw their elective deferrals that have been made as a result of the automatic enrollment feature. A permissible withdrawal is a distribution made at the employee’s election of all contributions made by the automatic enrollment on behalf of the employee. Permissible withdrawals may be requested only in the first 90 days of an individual’s participation in an automatic contribution arrangement. (Syllabus Topic 1)

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58
Q

All of the following statements regarding design-based safe harbor plans under IRC §401(a)(4) are TRUE, EXCEPT:

A. A design-based safe harbor plan may satisfy the uniformity requirement by allocating the same dollar amount to each participant.

B. The plan may allocate the same dollar amount per unit of service (not exceeding one week) performed by the participant during the plan year.

C. A participant’s right to share in the allocation may be conditioned on employment on the last day of the plan year and/or completion of 1,000 hours of service.

D. The plan may include an exception from allocation conditions if the participant terminates employment due to retirement, disability, death or military service.

E. A participant’s allocation may not be limited to a specified dollar amount or percentage of plan year compensation without violating the safe harbor.

A

E - A design-based safe harbor may be limited to a specified dollar amount or percentage of plan year compensation without violating the safe harbor. The cornerstone of the design-based safe harbor plan is that the method of allocating the employer contributions must be one that provides a uniform allocation, either as a percentage of compensation or a dollar amount. The same allocation formula must apply to all employees. (Syllabus Topic 7)

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59
Q

Based on the following information, determine when a blackout notice is last due to participants:

  • The blackout is due to a transition to a new recordkeeper.
  • The blackout period begins on August 1, 2010.
  • The plan is a calendar year 401(k) plan.

A. May 1, 2010
B. July 2, 2010
C. July 29, 2010
D. July 31, 2010
E. August 1, 2010

A

B - In general, the plan administrator is required to give participants 30 to 60 days’ advance written notice of the blackout period. Thus, the last date in which the blackout notice is due would be July 2, which is 30 days prior to August 1. (Syllabus Topic 6)

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60
Q

Which of the following statements regarding designated Roth contributions is/are TRUE?

I. Designated Roth contributions may be characterized as catch-up contributions.

II. Designated Roth contributions are excluded when determining a participant’s annual addition limit under IRC §415.

III. Designated Roth contributions are tested for nondiscrimination purposes in the ACP test.

A. I only
B. II only
C. I and III only
D. II and III only
E. I, II and III

A

A - Designated Roth contributions are included when determining a participant’s annual addition limit under IRC §415. Designated Roth contributions are tested for nondiscrimination purposes in the ADP test. (Syllabus Topic 1)

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61
Q

Which of the following statements regarding loan refinancing is/are TRUE?

I. The replaced loan is considered repaid after the refinancing transaction is completed.

II. Only one loan may be replaced during a refinancing transaction.

III. The interest rate on the replaced loan is used when determining the terms of the replacement loan.

A. I only
B. II only
C. I and III only
D. II and III only
E. I, II and III

A

A - It is permissible to replace more than one loan during a refinancing transaction. The interest rate on the replaced loan is not used when determining the terms of the replacement loan. The interest rate on the replacement loan must be determined as of the date of the refinancing. (Syllabus Topic 10)

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62
Q

All of the following are permitted correction methods for a failed ADP or ACP test, EXCEPT:

A. Distribution or forfeiture of excess aggregate contribution to correct a failed ACP test

B. Allocating a QMAC to all eligible participants to correct a failed ACP test

C. Distributing excess contributions to correct a failed ADP test

D. Recharacterizing excess contributions as after-tax employee contributions to correct a failed ADP test

E. Allocating a discretionary matching contribution that meets the 401(k) safe harbor requirements to correct a failed ADP test

A

E - Allocating a discretionary matching contribution that meets the 401(k) safe harbor requirements is not a permissible correction method for a failed ADP test. To qualify for the ADP safe harbor, a 401(k) plan must provide participants with a safe harbor notice prior to the beginning of the plan year. (Syllabus Topic 3)

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63
Q

Which of the following statements regarding double counting limits is/are TRUE?

I. Double-counting limits may apply to a plan that switches from current year testing to prior year testing.

II. Double-counting limits may apply to a plan that switches from prior year testing to current year testing.

III. If the double-counting limits apply, the NHCE data is used twice, during the prior year and the current year.

A. I only
B. II only
C. I and III only
D. II and III only
E. I, II and III

A

C - The double-counting limits apply after there is a switch from using the current year testing method in one plan year to the prior year testing method in the next plan year.

When a plan switches from using current year testing in one year (―Plan Year 1‖) to using prior year testing in the next year (―Plan Year 2‖), the NHCE data from Plan Year 1 is being used twice for testing purposes: once to run the test for Plan Year 1 and again to run the test for Plan Year 2, because the prior year testing method is used for that year. (Syllabus Topic 4)

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64
Q

All of the following statements regarding safe harbor 401(k) plans are TRUE, EXCEPT:

A. The safe harbor nonelective contribution may not be used to satisfy a plan’s permitted disparity formula.

B. A plan is not permitted to require 1,000 hours of service during the plan year in order to receive the safe harbor nonelective contribution.

C. The distribution restrictions that apply to elective deferrals also apply to participant withdrawals of safe harbor contributions.

D. A new plan may not be a safe harbor 401(k) plan for the first plan year unless the 401(k) arrangement is in effect for at least six months for that first year.

E. A safe harbor 401(k) plan may be amended during the year to discontinue the safe harbor match prospectively for the remainder of the plan year.

A

D - A new plan may be a safe harbor 401(k) plan for the first plan year provided that the 401(k) arrangement is in effect for at least three months for that first year. (Syllabus Topic 5)

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65
Q

Based on the following information, determine the allocation to Participant A:

  • The Taxable Wage Base (TWB) is $106,800.
  • The integration level is 85% of the TWB.
  • Participant A’s compensation for the plan year is $150,000.
  • The employer has elected to make a contribution of 4% plus 4% on excess compensation.

A. $4,272.00
B. $4,737.00
C. $6,000.00
D. $6,640.80
E. $8,368.80

A

E - 4% of total compensation of $150,000 = $6,000
Integration level is 85% of TWB ($106,800) = $90,780
Excess compensation = $150,000 compensation less the integration level of $90,780 = $59,220
4% of excess compensation = $2,368.80
4% contribution of $6,000 + excess contribution of $2,368.80 = $8,368.80 (Syllabus Topic 7)

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66
Q

All of the following statements regarding deemed distributions are TRUE, EXCEPT:
A. A deemed distribution may be subject to the 10% additional income tax on early distributions.
B. A deemed distribution is an eligible rollover distribution.
C. A deemed distribution is reported on Form 1099-R as a taxable event.
D. A deemed distribution generally has no withholding requirement.
E. A deemed distribution does not eradicate the outstanding loan obligation.

A

B - A deemed distribution is not eligible for rollover. (Syllabus Topic 10)

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67
Q

Which of the following statements regarding distributions is/are TRUE?
I. An eligible rollover distribution of $1,000 that is not rolled over is subject to mandatory 20% withholding.
II. An eligible rollover distribution of $100 that is not rolled over is not subject to mandatory 20% withholding.
III. A nontaxable distribution of designated Roth contributions is not subject to mandatory 20% withholding.

A. I only
B. II only
C. I and III only
D. II and III only
E. I, II and III

A

E - If a distribution is an eligible rollover distribution, mandatory 20% withholding is generally required if the distribution is not rolled over in a direct rollover transaction. However, if all distributions to the participant for the calendar year are less than $200, no withholding is required.

Mandatory 20% withholding applies only to the portion of the eligible rollover distribution that is includible in gross income. Therefore, a nontaxable distribution is not subject to withholding. (Syllabus Topic 9)

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68
Q

All of the following statements regarding 401(k) plans and favorable tax treatment are TRUE, EXCEPT:

A. Participants must be given the option to elect to receive cash compensation or have the amounts contributed to the 401(k) plan as elective deferrals.
B. Participants must be given the right to direct the investment of their 401(k) deferrals.
C. Plan benefits, other than employer matching contributions, may not be conditioned on the participants making elective deferrals.
D. Elective deferrals and the earnings thereon must be 100% vested at all times.
E. 401(k) elective deferrals may not be distributed based on the passage of a fixed number of years of plan participation.

A

B - Participants are often given the right to direct the investment of 401(k) deferrals but it is not a condition of qualification. (Syllabus Topic 1)

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69
Q

All of the following statements regarding permitted disparity under IRC §401(l) are TRUE, EXCEPT:

A. The integration level must be prorated if plan year compensation is from date of participation for a mid-year entrant.
B. Excess compensation is the amount by which a participant’s plan year compensation exceeds the integration level stated in the plan.
C. The integration level must be prorated if plan year compensation is limited to a short period.
D. Base compensation is plan year compensation up to the integration level stated in the plan.
E. The maximum disparity allowance depends on the integration level and the taxable wage base in effect at the beginning of the plan year.

A

A - If the plan year is a period of less than 12 months and plan year compensation is limited to that short period, the integration level must be prorated. The proration rule applies only when the plan year comprises fewer than 12 months and the compensation period used to determine allocations for that short plan year is also less than 12 months.

Even if compensation for a mid-year entrant is measured over a period of less than 12 months, the integration level is not prorated because the plan year is actually 12 months long. (Syllabus Topic 7)

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70
Q

Based on the following information, determine the maximum passing HCE ADP for the year ended December 31, 2011:

  • The 401(k) plan was established January 1, 2011.
  • The NHCE ADP based on 2011 data is 2.60%.
  • The plan does not allow employer matching or after-tax employee contributions.
  • An election was made by the employer to use the prior year testing method.

A. 3.25%
B. 3.75%
C. 4.60%
D. 5.00%
E. 5.20%

A

D - Since 2011 is the first plan year and the employer has elected to use the prior year testing method, the prior year ADP for the NHCE group is deemed to be 3.00%. Therefore the maximum HCE ADP is 5.00% (3.00% + 2.00%). (Syllabus Topic 2)

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71
Q

All of the following statements regarding a QJSA are TRUE, EXCEPT:

A. The QJSA payments cease when the surviving spouse remarries.
B. The QJSA provides a benefit payable for the life of the participant and a survivor annuity for the life of the spouse.
C. The QJSA must provide a survivor annuity which is not less than 50% of the annuity payable during the joint lives of the participant and spouse.
D. The election to waive the QJSA may be revoked during the applicable election period.
E. The QJSA does not need to be provided if the lump sum value of a vested benefit is less than $5,000.

A

A - Qualified Joint and Survivor Annuity (QJSA) payments made to a surviving spouse will continue until that spouse’s death and are not dependent on the marital status of the surviving spouse. (Syllabus Topic 8)

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72
Q

All of the following statements regarding prior year and current year testing methods are TRUE, EXCEPT:

A. Employers are permitted to switch from the prior year testing method to the current year testing method in any subsequent testing year.
B. A safe harbor 401(k) plan is treated as if it were using the current year testing method.
C. Under the prior year testing method, the NHCE ADP for a testing year is the NHCE ADP determined during the prior plan year.
D. Under the prior year testing method, the HCE ADP for a testing year is the HCE ADP determined for the current plan year.
E. Under the prior year testing method, the group of NHCEs included in determining the NHCE ADP includes only those participants who are NHCEs as of the current plan year.

A

E - When using the prior year testing method, the NHCE Actual Deferral Percentage (ADP) is determined using the data for those participants who were NHCEs in the prior plan year. It is not determined based on whether or not they are NHCEs, or even employed, in the current plan year.

A plan that uses the prior year testing method may switch to the current year testing method in any subsequent year. However, if an employer elects to use the current year testing method, it may not change back to using the prior year testing method in subsequent years, except as permitted by the IRS. A safe harbor 401(k) plan is treated as if it were using the current year testing method. (Syllabus Topic 2)

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73
Q

All of the following statements regarding loan refinancing are TRUE, EXCEPT:

A. A replaced loan refers to the existing loan that is being refinanced.
B. The maximum loan term for a replacement loan is five years from the original loan date of the replaced loan.
C. A replacement loan refers to the new loan resulting from a refinancing transaction.
D. The interest rate on the replacement loan is determined at the time of the refinancing transaction.
E. Refinancing is often used when a plan does not allow for multiple loans outstanding.

A

B - The replacement loan is a new loan. That means the interest rate, the security interest and the term on the replacement loan are generally determined as of the date of the refinancing. The term of the new loan may run for the maximum five-year period (or longer if it is a principle residence loan) from the refinancing date. However, if the sum of the replacement loan and the replaced loan exceeds the maximum loan limitations, the maximum loan term may need to be based on the timing of the original, or replaced, loan. (Syllabus Topic 10)

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74
Q

All of the following statements regarding an eligible rollover distribution are TRUE, EXCEPT:

A. An eligible rollover distribution is not subject to mandatory withholding if the distribution is rolled over to an eligible retirement plan.
B. The amount of the mandatory withholding is 20%.
C. A participant may not elect to withhold more than the mandatory withholding percent.
D. Federal income tax must be withheld on distributions of real property even if it requires selling all or a part of the property.
E. Mandatory withholding is not required if the total eligible rollover distribution is less than $200.

A

C - A participant may elect more than the mandatory 20 percent withholding amount on eligible rollover distributions. (Syllabus Topic 9)

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75
Q

All of the following statements regarding coverage testing in a 401(k) plan are TRUE, EXCEPT:

A. QMACs included in the ACP test are tested for coverage with the 401(m) component of the plan.
B. Elective deferrals are tested for coverage with the 401(k) component of the plan.
C. QNECs are tested for coverage with the 401(a) component of the plan.
D. QMACs included in the ADP test are tested for coverage with the 401(k) component of the plan.
E. Employer matching contributions are tested for coverage with the 401(m) component of the plan.

A

D - Qualified Matching Contributions (QMACs) are tested for coverage with the 401(m) component of the plan whether or not they are tested for nondiscrimination in the ADP or ACP test.
In contrast, QNECs are tested for coverage with the 401(a) component of the plan whether or not they are tested for nondiscrimination in the ADP or ACP test. (Syllabus Topic 2)

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76
Q

Which of the following statements regarding investment requirements under ERISA §404(c) is/are TRUE?
I. A combination of equity funds will satisfy the core investment requirements.
II. An employer stock fund would not qualify as a core investment option.
III. Reasonable fees are permissible.

A. I only
B. II only
C. I and III only
D. II and III only
E. I, II and III

A

D - To pass responsibility for investments to the participants, there must be sufficient investment options to enable the participants to have a portfolio that covers different risk and reward characteristics. There must be at least three diversified investment options (core investments) that offer a broad range of investment opportunity. Each of the core investments must have materially different risk and return characteristics.

A combination of equity funds will satisfy not the core investment requirements because the funds would not have materially different risk and return characteristics. (Syllabus Topic 6)

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77
Q

All of the following statements regarding client information and confidentiality, as defined in the ASPPA Code of Professional Conduct, are TRUE, EXCEPT:

A. Information is confidential if the member has reason to believe that the client does not wish it to be divulged.
B. Information is confidential only if it is in a written format.
C. Information is confidential if the member becomes aware of it during the course of rendering professional services to the client.
D. Information is confidential if it is not in the public domain.
E. Information is confidential if it is proprietary in nature.

A

B - Confidential information refers to information not in the public domain of which the member becomes aware while providing professional services to the principal. The information need not be written down to be considered confidential. (Syllabus Topic 11)

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78
Q

All of the following statements regarding corrective measures for failed tests in a 401(k) plan are TRUE, EXCEPT:

A. A 401(k) sponsor may eliminate the ACP test by designating all matching contributions as QMACs provided there are no after-tax employee contributions to the plan.
B. A 401(k) sponsor cannot correct failed tests through a combination of correction methods.
C. A 401(k) sponsor may allocate a QNEC to NHCEs if so provided in the plan document.
D. A 401(k) sponsor may recharacterize excess contributions as after-tax employee contributions.
E. A 401(k) sponsor must forfeit vested matching contributions attributable to distributed excess contributions to correct a nondiscriminatory rate of match.

A

B - Failed ADP or ACP tests in a 401(k) plan may be corrected using a combination of correction methods.

A 401(k) sponsor may eliminate the ACP test by designating all matching contributions as QMACs provided there are no after-tax employee contributions to the plan. This is because after the QMACs are shifted, there are no contributions left to be tested under the ACP test. (Syllabus Topic 3)

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79
Q

Which of the following statements regarding blackout periods is/are TRUE?

I. A blackout period may occur if participants are temporarily unable to diversify investments in the plan.
II. A blackout period may occur if participants are temporarily unable to take distributions from the plan.
III. A blackout period may occur if participants are temporarily unable to obtain loans from the plan.

A. I only
B. II only
C. I and III only
D. II and III only
E. I, II and III

A

E - All of the statements are true.

A blackout period is defined in ERISA to be any period of three or more days in which participants are unable to make investment elections or diversify investments, take distributions, or obtain loans from the plan. (Syllabus Topic 6)

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80
Q

All of the following are content requirements for a 401(k) safe harbor notice, EXCEPT:

A. The contribution formula under the plan
B. The plan to which the safe harbor contributions will be made
C. The withdrawal and vesting provisions applicable to the contributions
D. The amount of the fidelity bond covering the plan assets
E. The type and amount of compensation that may be deferred under the plan

A

D - Fidelity bond information is not a requirement in a 401(k) safe harbor notice. (Syllabus Topic 5)

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81
Q

Which of the following is/are design-based safe harbor allocation formulas under IRC §401(a)(4)?

I. Pro rata based on plan year compensation
II. Pro rata based on compensation from date of participation
III. Pro rata based on compensation for the entire year for a mid-year entrant

A. I only
B. II only
C. I and III only
D. II and III only
E. I, II and III

A

E - All of the formulas are design-based safe harbor allocation formulas. Use of compensation from date of participation or for the full year for mid-year entrants does not affect the formula’s status as a design-based safe harbor formula. (Syllabus Topic 7)

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82
Q

Based on the following information, determine the smallest QNEC to be allocated to all NHCEs to allow the plan to pass the ADP test:

  • The QNEC is allocated only to NHCEs in proportion to compensation.
  • The plan is not top-heavy.
  • The QNEC is the only correction method being used.
  • The ADR is the same for the current and prior years.

Parts Compensation ADR
HCE1 $100,000 10%
HCE2 $90,000 8%
NHCE1 $50,000 5%
NHCE2 $40,000 5%
NHCE3 $30,000 5%
NHCE4 $20,000 5%

A. $0
B. $2,800
C. $3,080
D. $3,300
E. $4,200

A

B - The ADP for the HCE group is 9.00%.
(10% + 8%) / 2 = 9.00%

Currently, the NHCE ADP is 5.00%.
(5.00% + 5.00% + 5.00% + 5.00%) / 4 = 5.00%

In order to pass the two percent spread test and satisfy the ADP testing requirements, the ADP for the NHCE group must be 7.00% since 7.00% + 2% = 9.00%.

A QNEC of 2.00% for each NHCE is needed to bring the average up to 7.00%. Therefore, the necessary QNEC is $2,800.

($50,000 + $40,000 + $30,000 + $20,000) * 2.00% = $2,800 (Syllabus Topic 3)

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83
Q

All of the following statements regarding designated Roth contributions are TRUE, EXCEPT:

A. Designated Roth contributions are elective deferrals made on an after-tax basis.
B. Designated Roth contributions are subject to the IRC §402(g) limit.
C. Designated Roth contributions are tested for nondiscrimination purposes in the ADP test.
D. Designated Roth contributions may not be recharacterized as catch-up contributions.
E. Designated Roth contributions are not subject to taxation when distributed from a qualified plan.

A

D - Designated Roth contributions may be recharacterized as catch-up contributions. Note statement E, the contributions are not taxed upon distribution but the income may be subject to taxation. (Syllabus Topic 1)

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84
Q

Which of the following statements regarding the calculation of an individual’s ADR is/are TRUE?

I. QNECs may be included.
II. HCE excess deferrals are excluded.
III. NHCE excess deferrals are excluded.

A. I only
B. II only
C. I and III only
D. II and III only
E. I, II and III

A

C - When calculating an individual’s Actual Deferral Ratio (ADR), excess deferrals are excluded from the participant’s ADR if he or she is an NHCE and the excess deferrals are included in the participant’s ADR if he or she is an HCE.

If the employer makes QNECs or QMACs for the plan year, those amounts may be treated as deferral amounts to compute the participants’ ADRs. (Syllabus Topic 2)

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85
Q

All of the following statements regarding safe harbor 401(k) plans are TRUE, EXCEPT:

A. The safe harbor nonelective contribution may be used to satisfy a plan’s permitted disparity contribution formula.
B. Safe harbor contributions may be made for HCEs.
C. Safe harbor contributions must be made for eligible NHCEs.
D. A plan is not permitted to require employment on the last day of the plan year in order to receive the safe harbor nonelective contribution.
E. A plan is not permitted to require 1,000 hours of service in order to receive the safe harbor nonelective contribution.

A

A - The safe harbor nonelective contribution may not be used to satisfy a plan’s permitted disparity contribution formula. (Syllabus Topic 5)

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86
Q

All of the following may be considered catch-up contributions, EXCEPT:

A. Deferrals exceeding the IRC §402(g) dollar limit
B. Deferrals exceeding the plan’s compensation limit
C. Deferrals exceeding a plan imposed contribution limit
D. Deferrals exceeding the IRC §415 annual addition limit
E. Deferrals exceeding the amount allowed to satisfy the ADP test

A

B - Exceeding the plan’s compensation limit does not affect the characterization of catch-up contributions. (Syllabus Topic 1)

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87
Q

Which of the following statements regarding lump sum distributions is/are TRUE?

I. Payment must be made within one taxable year following a proper distribution event to be considered a lump sum distribution.
II. The balance to the credit for lump sum distribution purposes includes nonvested amounts for terminated participants.
III. The balance to the credit for lump sum distribution purposes is the entire value of the participant’s accrued benefit.

A. I only
B. II only
C. I and III only
D. II and III only
E. I, II and III

A

C - To be a lump sum distribution, the payment must constitute the balance to the credit of the employee and it must be made within one taxable year following a proper distribution event.

If the participant has separated from service, the balance to the credit does not include nonvested amounts. If the participant is still employed by the employer, the balance to the credit includes nonvested amounts. (Syllabus Topic 9)

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88
Q

Based on the following information, determine the maximum amount available for a new loan to Participant A on January 1, 2011:

  • Participant A is not a participant in any other plans.
  • All required loan payments have been made timely.
  • No other loans have been taken during 2010.
  • The plan allows for multiple loans.

Vested account balance as of 1/1/11, including outstanding loan balance = $105,000

Outstanding loan balance on 1/1/11 = $24,000

Outstanding loan balance on 1/1/10 = $30,000

A. $ 0
B. $20,000
C. $22,500
D. $26,000
E. $28,500

A

B - Loan limit under IRC §72(p) is $20,000, as follows:

  1. 50% of the vested balance $52,500
  2. Statutory maximum $50,000
  3. Lesser of 1 and 2 $50,000
  4. Highest outstanding loan in last 12 months $30,000
  5. Current amount available (3 – 4) $20,000
    (Syllabus Topic 10)
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89
Q

All of the following distributions are subject to the 10% additional income tax on early distributions, EXCEPT:

A. A distribution made to a participant, age 50, who has elected early retirement under the plan
B. A distribution made to a participant, age 35, due to plan termination
C. A distribution made to a participant, age 56, who has separated from service
D. A distribution made to a participant, age 45, due to financial hardship
E. A distribution made to a participant, age 30, due to an allowable in-service provision

A

C - Distributions to participants who terminated past age 55 are not subject to the 10% additional income tax on early distributions. (Syllabus Topic 9)

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90
Q

Which of the following statements regarding the general test is/are TRUE?

I. A separate rate group is identified for each HCE.
II. A rate group consists of an HCE and all other participants who have an EBAR equal to or greater than the HCE’s EBAR.
III. When cross-testing, each participant’s allocation of contributions and forfeitures is converted to a benefit, expressed as a percentage of the testing compensation.

A. I only
B. II only
C. I and III only
D. II and III only
E. I, II and III

A

E - All of the statements are true.

General testing is a method of demonstrating that plan allocations or plan benefits are nondiscriminatory by dividing employees into rate groups, and then analyzing each rate group separately. To determine rate groups, a defined contribution plan first must express each participant’s allocation of employer contributions and forfeitures as an allocation rate (for an analysis on the basis of allocations) or an equivalent benefit accrual rate (EBAR) (for an analysis on a benefits basis also known as cross-testing).

A separate rate group is identified for each HCE. A rate group consists of an HCE and all other participants who have an EBAR equal to or greater than the HCE’s EBAR. (Syllabus Topic 7)

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91
Q

Based on the following information, determine the required beginning date for an RMD to Participant A:

  • Participant A is a 10% owner.
  • Participant A was born on July 10, 1940.
  • Participant A is still employed as of December 31, 2011.

A. April 1 following the year of separation from service
B. December 31 following the year of separation from service
C. April 1, 2011
D. December 31, 2011
E. April 1, 2012

A

E - The required beginning date for a more than 5% owner is April 1 following the year the participant attains age 70½. Participant A attains age 70½ on January 10, 2011 so the required beginning date is April 1, 2012. (Syllabus Topic 8)

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92
Q

All of the following statements regarding safe harbor plan designs under IRC §401(a)(4) are TRUE, EXCEPT:

A. A pro rata allocation on compensation is a design-based safe harbor.
B. A points allocation is a design-based safe harbor.
C. A design-based safe harbor must provide a uniform allocation.
D. A permitted disparity allocation is a design-based safe harbor.
E. Compensation from date of participation used for testing satisfies safe harbor requirements.

A

B - A uniform points allocation is a nondesign-based safe harbor formula. (Syllabus Topic 7)

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93
Q

Based on the following information, determine the maximum elective deferral in 2011 for the participant:

  • The plan is a calendar year 401(k) profit sharing plan that allows the maximum deferral amount.
  • The participant is age 35.
  • The participant’s compensation is $50,000.
  • The only contributions in 2011 are elective deferrals.

A. $ 0
B. $ 5,000
C. $11,500
D. $16,500
E. $22,000

A

D - The IRC §402(g) limit in effect in 2011 is $16,500 plus $5,500 for catch-up eligible participants. This participant is not catch-up eligible so the maximum deferral is $16,500. (Syllabus Topic 1)

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94
Q

All of the following statements regarding participant loans are TRUE, EXCEPT:

A. Loans may be amortized for more than five years if for the purchase of a primary residence.
B. Loans must be available to all participants on a reasonably equivalent basis.
C. Loans may be available to certain groups in greater amounts than to others if limited to the maximum dollar amount.
D. The plan must charge a commercially reasonable rate of interest.
E. The plan must contain specific written provisions for loans.

A

C - Loans must be available to all participants and beneficiaries on a reasonable equivalent basis. (Syllabus Topic 10)

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95
Q

All of the following statements regarding participant loans are TRUE, EXCEPT:

A. Loans must be repaid through payroll deductions.
B. Loans must be adequately secured.
C. Loans must be made according to specific written procedures.
D. Loans must bear a reasonable rate of interest.
E. Loans may not exceed $50,000.

A

A - While it is recommended, there is no requirement that loans be repaid through payroll deductions. (Syllabus Topic 10)

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96
Q

All of the following statements regarding distributions are TRUE, EXCEPT:

A. Annuity contracts may be held by the plan with the plan acting as a conduit by receiving payments from the insurer and transmitting them to the participant.
B. Annuity contracts may be distributed to the participant, who will then receive the annuity payments directly from the insurance company.
C. An annuity distribution may be guaranteed for the participant’s lifetime.
D. The plan sponsor may have the discretion to choose the type of payment method available to a participant.
E. An installment distribution is a periodic payment made for a specific period of time.

A

D - The employer, or any other fiduciary or third party, may not have the discretion to choose the form of payment to be made. (Syllabus Topic 8)

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97
Q

All of the following statements regarding distributions are TRUE, EXCEPT:
A. Rollover to a traditional IRA delays the taxation of the amount rolled over.
B. Defined contribution plan funds that are eligible for rollover, but are not designated Roth contributions, may be directly rolled over into Roth IRAs.
C. If non-Roth funds are rolled into a Roth IRA, the taxable portion of the distribution is includible in gross income, in the same manner as a conversion of a traditional IRA to a Roth IRA.
D. Once in a Roth IRA, accumulation of earnings on the rollover contribution will be tax-deferred and distributions of such earnings out of the Roth IRA may qualify for tax-free treatment.
E. Mandatory 20% withholding does not apply to noncash distributions.

A

E - There is no exception from the withholding rules merely because noncash assets are distributed. If the distribution includes noncash assets, the fair market value of the property is used to determine the taxable amount subject to withholding. Withholding must be made from the cash portion of the distribution. If the cash portion is not sufficient, the property (or a portion of the property) may be sold prior to distribution, and the proceeds used to pay the withholding tax. (Syllabus Topic 9)

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98
Q

Which of the following distributions is/are eligible rollover distributions?

I. Hardship withdrawal
II. RMD
III. Lump sum distribution due to disability

A. I only
B. III only
C. I and II only
D. II and III only
E. I, II and III

A

B - Hardship withdrawals and required minimum distributions are not eligible for rollover. (Syllabus Topic 9)

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99
Q

Based on the following information, determine the ACP for the following NHCEs:

  • The employer matching contribution is 50% of the amount deferred.
  • Gross compensation is used to determine contribution ratios.
  • No contributions are shifted between ADP and ACP tests.

Part Gross Comp Elective Def
NHCE A $205,000 $13,000
NHCE B $100,000 $10,000
NHCE C $95,000 $8,000

A. 3.17%
B. 3.94%
C. 4.13%
D. 4.21%
E. 5.00%

A

C - The ACP is 4.13%.

NHCE Match ACR
A $13,000 * 50% = $6,500 $6,500 / $205,000 = 3.17%
B $10,000 * 50% = $5,000 $5,000 / $100,000 = 5.00%
C $8,000 * 50% = $4,000 $4,000 / $95,000 = 4.21%

(3.17% + 5.00% + 4.21%) / 3 = 4.13% (Syllabus Topic 2)

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100
Q

All of the following statements regarding the deemed three percent rule are TRUE, EXCEPT:

A. When the deemed three percent rule is used, the three percent may be increased by making QNECs.
B. Plans that use the current year testing method cannot use the deemed three percent rule.
C. A plan may not use the three percent rule if it is a successor plan to a prior 401(k) plan.
D. An existing profit sharing plan that is adding a 401(m) feature is considered a new plan for the deemed three percent rule
E. An existing profit sharing plan that adds a 401(k) feature is treated as a new plan for the deemed three percent rule.

A

A - When the deemed three percent rule is used, there is no option to increase the three percent by making QNECs. The prior year ADP (or ACP) of the NHCEs is deemed to be three percent, and no adjustment of that deemed percentage is possible. (Syllabus Topic 4)

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101
Q

All of the following statements regarding distribution reporting are TRUE, EXCEPT:

A. Form 1099-R must be provided to the participant by January 31st of the calendar year following the year of the distribution.
B. A copy of Form 1099-R must be filed with the IRS by February 28th of the calendar year following the year of the distribution.
C. Form 945 must be filed with the IRS by January 31st of the calendar year following the year of the distribution
D. Form 1099-R reports the applicability of the 10% additional income tax on early distributions.
E. Form 1099-R need not be prepared for distribution of $25 or less.

A

E - Form 1099-R need not be prepared for distributions of $10 or less.

The other statements regarding distribution reporting are true. Form 1099-R reports distributions made from the plan and includes information regarding the applicability of the 10% additional income tax on early distributions. It must be provided to the participant by January 31st of the calendar year following the year of the distribution and a copy must be filed with the IRS by February 28th of the calendar year following the year of the distribution. Form 945 reports tax withholdings from the plan and must be filed with the IRS by January 31st of the calendar year following the year of the distribution. (Syllabus Topic 9)

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102
Q

Which of the following statements regarding QDROs is/are TRUE?

I. QDROs must include the last known mailing address of the participant.
II. QDROs must include the name of the plan.
III. QDROs must include the number of payments or period to which the order applies.

A. I only
B. II only
C. I and III only
D. II and III only
E. I, II and III

A

E - QDROs must include all three items listed. (Syllabus Topic 8)

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103
Q

All of the following statements regarding shifting techniques are TRUE, EXCEPT:

A. Matching contributions that are subject to a vesting schedule may be shifted to the ADP test.
B. QMACs shifted to the ADP test must be excluded from the ACP test.
C. Designated Roth contributions may be shifted to the ACP test.
D. Shifting may be used in conjunction with other correction methods.
E. All or a portion of the QMACs may be shifted to the ADP test.

A

A - If matching contributions are subject to a vesting schedule, they must be tested under the ACP test and cannot be characterized as QMACs for purposes of the ADP test, even those matching contributions made for a participant who is 100 percent vested under the schedule.

When QMACs are shifted to the ADP test, those amounts are not tested again in the ACP test. However, when elective deferrals are shifted to the ACP test, the contributions being shifted are actually tested under both tests.

Designated Roth contributions are treated the same way as pre-tax elective deferrals. Thus, if a participant has designated all or a portion of his or her elective deferrals as designated Roth contributions, the elective deferrals being shifted under this technique might, in fact, be designated Roth contributions.

Shifting may be used in conjunction with other correction methods. (Syllabus Topic 3)

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104
Q

Which of the following statements regarding ERISA §404(c) is/are TRUE?

I. Failure to comply with ERISA §404(c) is an operational violation that can be corrected using EPCRS.
II. If ERISA §404(c) is complied with, plan fiduciaries have no fiduciary liability with respect to investment decisions made by plan participants.
III. ERISA §404(c) protection is not available if a plan fiduciary accepts instructions from a participant they know to be legally incompetent.

A. I only
B. II only
C. I and III only
D. II and III only
E. I, II and III

A

D - Failure to comply with ERISA §404(c) is not an operational violation that can be corrected using EPCRS. Failure to comply with ERISA §404(c) simply means that the fiduciaries cannot invoke ERISA §404(c) as a defense in a lawsuit for breach of fiduciary duties. It does not create any enhanced liability under ERISA. (Syllabus Topic 6)

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105
Q

All of the following statements regarding fiduciary liability and responsibility under ERISA §404(c) are TRUE, EXCEPT:

A. Compliance with ERISA §404(c) does not exempt fiduciaries from liability for implementing participant investment instructions that result in a prohibited transaction.
B. The fiduciary must comply with ERISA §404(c) for every transaction affecting the plan investments or the plan will have no relief from liability.
C. The fiduciary is not relieved from responsibility for selecting and monitoring available investment options by complying with ERISA §404(c).
D. A participant who directs his own investments is not considered a fiduciary under the plan.
E. Compliance with ERISA §404(c) insulates fiduciaries from liability for losses resulting from a participant’s imprudent investment decision.

A

B - ERISA §404(c) is not an all or nothing concept. Fiduciaries may still have relief from responsibility for the transactions that do comply with the rules. (Syllabus Topic 6)

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106
Q

Based on the following information, determine the amount of allocable earnings taxable to the participant:

  • The plan is a calendar year plan.
  • 2011 pre-tax elective deferrals are $10,000.
  • 2011 excess contributions are $1,000.
  • Allocable earnings on the excess contribution are 5% of the excess contributions.
  • There is no gap period income calculation necessary.
  • Excess contributions and allocable earnings were distributed to the participant on February 15, 2012.
  • The participant is not catch-up eligible.

A. $ 0
B. $ 50
C. $200
D. $450
E. $500

A

B - The amount of allocable earnings is $50 ($1,000 * 5%). (Syllabus Topic 3)

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107
Q

All of the following statements regarding 401(k) plan aggregation and disaggregation rules are TRUE, EXCEPT:

A. Otherwise excludable NHCEs may be disregarded for ADP testing.
B. Otherwise excludable NHCEs may be disregarded for ACP testing.
C. A safe harbor 401(k) plan may be designed to exclude the otherwise excludable employees from the safe harbor provisions.
D. Permissively aggregated plans need not have the same plan year.
E. The disaggregated plans testing method treats statutory employees and otherwise excludable employees as if each group participates in a separate plan.

A

D - One of the conditions for permissive aggregation is that the plans being aggregated have the same plan year. (Syllabus Topic 4)

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108
Q

Based on the following information, determine the amount of the RMD:

  • The participant’s required beginning date is April 1, 2012.
  • The participant’s account balance as of 12/31/10 was $120,000.
  • The participant’s account balance as of 12/31/11 was $125,000.
  • The life expectancy factor is 25.6.

A. $4,687.50
B. $4,882.81
C. $9,245.28
D. $120,000.00
E. $125,000.00

A

A - The required minimum distribution for April 1, 2012 is the 2011 required minimum distribution as is based on the account balance as of December 31, 2010. The required minimum distribution is $4,687.50 ($120,000 / 25.6). (Syllabus Topic 8)

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109
Q

All of the following are valid permitted disparity formulas, EXCEPT:

  • The integration level for the plan is 60% of the TWB in effect for the plan year.

A. 3.0% of total compensation plus 3.0% of compensation in excess of the integration level
B. 4.0% of total compensation plus 4.0% of compensation in excess of the integration level
C. 5.0% of total compensation plus 5.0% of compensation in excess of the integration level
D. 5.4% of total compensation plus 4.3% of compensation in excess of the integration level
E. 7.0% of total compensation plus 4.3% of compensation in excess of the integration level

A

C - With an integration level of 60%, the maximum disparity allowance is 4.3%. (Syllabus Topic 7)

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110
Q

Which of the following statements regarding automatic enrollment in 401(k) plans is/are TRUE?

I. Employees must receive a notice regarding automatic enrollment.
II. Safe harbor 401(k) plans must include an automatic enrollment provision.
III. A nonsafe harbor EACA must satisfy ADP testing.

A. I only
B. II only
C. I and III only
D. II and III only
E. I, II and III

A

C - Safe harbor 401(k) plans may include an automatic enrollment provision, but it is not a requirement. (Syllabus Topic 1)

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111
Q

All of the following statements regarding 401(k) safe harbor plans are TRUE, EXCEPT:

A. A new plan may not be a safe harbor plan for the first plan year unless the first plan year is at least six months long.
B. The safe harbor nonelective or matching contribution may be made to a different plan.
C. The distribution restrictions that apply to elective deferrals also apply to participant withdrawals of safe harbor contributions.
D. A safe harbor matching contribution must be made no later than 12 months after the close of the plan year.
E. A plan may be amended to discontinue a safe harbor matching contribution for the rest of the plan year and run ADP/ACP testing for that year instead.

A

A - As a general rule, a new plan may not be a safe harbor plan for the first plan year unless the first plan year is at least three months long and the 401(k) arrangement is in effect for at least three months for that first year.

The other statements regarding safe harbor plans are true. The safe harbor nonelective or matching contribution can be made to a different plan and must be made no later than 12 months after the close of the plan year. The distribution restrictions that apply to elective deferrals also apply to participant withdrawals of safe harbor contributions. A plan may be amended to discontinue a safe harbor matching contribution for the rest of the plan year and run ADP and ACP testing for that year instead. (Syllabus Topic 5)

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112
Q

All of the following describe acceptable events for which a participant may receive a distribution of 401(k) elective deferrals, EXCEPT:

A. Retirement
B. Attainment of age 59½
C. Death
D. Disability
E. Complete discontinuance of employer contributions to the plan

A

E - Discontinuance of employer contributions is not a distributable event for elective deferrals in a 401(k) plan. (Syllabus Topic 1)

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113
Q

All of the following participants must be included in the ACP test, EXCEPT:

A. A participant who is excludable in the minimum coverage tests for the 401(m) component of the plan
B. A participant who cannot contribute due to a hardship withdrawal taken in the last six months
C. A participant who would be eligible for a match but elected not to defer
D. A participant who did not receive a matching contribution due to the annual addition limits under IRC §415
E. A participant who received a matching contribution but was not employed on the last day of the plan year

A

A - A participant who is excludable for the 401(m) coverage test need not be included in the ACP test. (Syllabus Topic 2)

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114
Q

Which of the following statements regarding general testing is/are TRUE?

I. General testing is used to show nondiscrimination when a plan is not a safe harbor plan design.
II. Elective deferrals and employer matching contributions are not considered when determining rate groups.
III. A defined benefit plan that satisfies nondiscrimination on a contributions basis is said to be cross-tested.

A. I only
B. II only
C. I and III only
D. II and III only
E. I, II and III

A

E - All of the statements are true.

General testing is used to show nondiscrimination when a plan is not a safe harbor plan design. Elective deferrals and employer matching contributions are not considered when determining rate groups. Nondiscrimination testing for elective deferrals and matching contributions is performed using the ADP and ACP tests.

A defined benefit plan that satisfies nondiscrimination on a contributions basis is said to be cross-tested. A defined contribution plan that satisfies nondiscrimination on a benefits basis is said to be cross-tested. (Syllabus Topic 7)

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115
Q

All of the following statements regarding double-counting limits are TRUE, EXCEPT:

A. They may apply to a plan that uses QNECs for ADP testing.
B. They may apply to a plan that uses QNECs for ACP testing.
C. They may apply to a plan that uses shifting techniques.
D. They may apply to a plan that uses QMACs for ACP testing.
E. They may apply to a plan that switches from current year testing to prior year testing.

A

D - The double-counting limits apply after there is a switch from using the current year testing method in one plan year to the prior year testing method in the next plan year.

When a plan switches from using current year testing in one year (“Plan Year 1”) to using prior year testing in the next year (“Plan Year 2”), the NHCE data from Plan Year 1 is being used twice for testing purposes: once to run the test for Plan Year 1 and again to run the test for Plan Year 2, because the prior year testing method is used for that year.

The prior year ADP and/or ACP (which has already been used for testing because the current year testing method was used in Plan Year 1) must be adjusted before it can be used to set the ADP and/or ACP limits for the HCEs in Plan Year 2, if the ADP and/or ACP included QNECs made in Plan Year as those QNECs may not be counted again towards the ADP or ACP in Plan Year 2.

Double-counting limits do not apply to QMACs. (Syllabus Topic 4)

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116
Q

All of the following statements regarding excess deferrals made by a single participant to two unrelated employers’ 401(k) plans are TRUE, EXCEPT:

  • The participant did not exceed the IRC §402(g) limit in either plan.
  • Total deferrals for the participant were $30,000.

A. Elective deferrals made under one employer’s plan are taken into account to determine whether the other employer’s plan has violated the IRC §401(a)(30) limit.
B. Excess deferrals are includible in gross income for tax purposes.
C. Excess deferrals may be corrected by distribution of the excess amount.
D. It is the participant’s responsibility to request timely distributions of excess deferrals from the applicable plan(s).
E. The participant may choose which plan or plans to take distributions from to correct the excess deferrals.

A

A - IRC §401(a)(30) is a plan qualification requirement that a 401(k) plan limit elective deferrals in a calendar year to the applicable IRC §402(g) dollar limit. A plan need not consider a participant’s deferrals to an unrelated employer in determining whether it satisfies the IRC §401(a)(30) limit.

Because the IRC §402(g) limit was not exceeded in either plan, it is the participant’s responsibility to request timely distributions of excess deferrals from the applicable plan(s) and the participant may choose which plan or plans to take distributions from to correct the excess deferrals. (Syllabus Topic 1)

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117
Q

All of the following are matching contribution formulas that satisfy the ACP safe harbor, EXCEPT:

A. Matching 100% of the first 6% of compensation deferred
B. Matching 100% of the first 3% of compensation deferred, plus 75% of the next 2% of compensation deferred
C. Matching 200% of the first 3% of compensation deferred
D. Matching 100% of the first 4% of compensation deferred, plus 50% of the next 1% of compensation deferred
E. Matching 50% of the first 10% of compensation deferred

A

E - To qualify for the ACP safe harbor, the matching formula must satisfy certain conditions.

Matching contributions may not be made with respect to elective deferrals in excess of six percent of compensation. This does not mean that the amount of matching contributions is limited to six percent of compensation. It means that, in determining the amount of a participant’s matching contributions, elective deferrals that are in excess of six percent of compensation must be disregarded.

The matching formula cannot provide a higher rate of match as the participant’s rate of elective deferrals or after-tax employee contributions increases. The matching contributions made for any eligible HCE at any rate of elective deferrals cannot be greater than that for any eligible NHCE who contributes at the same rate.

Matching 50% of the first 10% of compensation deferred does not satisfy the ACP safe harbor requirements because it matches more than 6% of compensation deferred. (Syllabus Topic 5)

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118
Q

All of the following plans may use permitted disparity, EXCEPT:

A. Target benefit
B. Profit sharing
C. Money purchase
D. SEP
E. ESOP

A

E - An ESOP may not use permitted disparity as an allocation formula. (Syllabus Topic 7)

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119
Q

Based on the following information, determine the amount of excess contributions distributed to Participant A:

  • The total amount of excess contributions refunded is $5,400.
  • Participant A is not catch-up eligible.
  • The HCE elective deferrals are:
             Participant A $10,000
             Participant B $8,200
             Participant C $5,600

A. $ 0
B. $ 500
C. $1,800
D. $3,600
E. $5,400

A

D - Excess contributions for Participant A total $3,600. The amount of excess contribution totals $5,400. The first step is to allocation $1,800 to Participant A so that Participant A and Participant B both defer a total of $8,200. The remaining $3,600 is split $1,800 to Participant A and $1,800 to Participant B. (Syllabus Topic 3)

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120
Q

Which of the following statements regarding hardship withdrawals is/are TRUE?

I. Profit sharing plans are not required to have the same restrictions on hardship withdrawals that are applicable to 401(k) plans.
II. Safe harbor 401(k) contributions may be distributed on account of hardship.
III. Hardship withdrawals may be taken to pay for medical expenses incurred by the participant’s beneficiary.

A. I only
B. II only
C. I and III only
D. II and III only
E. I, II and III

A

C - Safe harbor 401(k) contributions are not permitted to be distributed on account of hardship. (Syllabus Topic 8)

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121
Q

Which of the following is/are violations of ASPPA’s Code of Professional Conduct?

I. Being convicted of a misdemeanor due to assault
II. Being convicted of a misdemeanor due to embezzlement
III. Telling a client that the prior QKA does sub-standard work and has the worst looking valuation reports you have ever seen

A. I only
B. II only
C. I and III only
D. II and III only
E. I, II and III

A

D - Pleading guilty or being found guilty of any financially-related misdemeanor or any felony (regardless of the nature of the crime) is a violation of the professional integrity portion of ASPPA’s Code of Professional Conduct. Being found guilty of a misdemeanor that is not financially-related does not violate ASPPA’s Code of Professional Conduct.

Telling a client that the prior QKA does sub-standard work and has the worst looking valuation reports you have ever seen is a violation of the courtesy and cooperation portion of ASPPA’s Code of Professional Conduct. (Syllabus Topic 11)

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122
Q

Based on the following information, determine the allocation to Participant A:

  • The TWB is $106,800.
  • The integration level is 85% of the TWB.
  • Participant A’s compensation for the plan year is $95,000.
  • The employer has elected to make a contribution of 4% of compensation plus 4% of excess compensation.
  • The employer does not sponsor any other plans.

A. $3,631.20
B. $3,800.00
C. $3,968.80
D. $4,272.00
E. $4,440.80

A

C - 4% of total compensation of $95,000 = $3,800.00
Integration level is 85% of TWB ($106,800) = $90,780
Excess compensation = $95,000 compensation less the integration level of $90,780 = $4,220.00
4% of excess compensation = $168.80
4% contribution of $3,800.00 + excess contribution of $168.80 = $3,968.80 (Syllabus Topic 7)

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123
Q

All of the following statements regarding coverage testing in a 401(k) plan are TRUE, EXCEPT:

A. An employee that is eligible to receive a matching contribution, but chose not to make elective deferrals is considered to be benefiting when testing the 401(m) component.
B. All employees who are eligible to make after-tax employee contributions are included in the coverage testing group for the 401(k) plan component.
C. Terminated participants with 500 or fewer hours are not excluded from the coverage testing group for the 401(k) plan component.
D. Terminated participants with 500 or fewer hours may be excluded from the coverage testing group for the 401(m) plan component.
E. The exclusion for terminated participants who complete 500 or fewer hours applies when testing the 401(m) component only if the plan has allocation requirements for matching contributions

A

B - Employees who are eligible to make after-tax employee contributions are included in the coverage testing group for the 401(m) plan component.
Terminated participants with 500 or fewer hours are not excluded from the coverage testing group for the 401(k) plan component. These participants are not excludable employees when testing the 401(k) component because termination during the year or the failure to complete a given number of hours during the year does not affect whether the employee is eligible to participate in the 401(k) plan.

Terminated participants with 500 or fewer hours may be excluded from the coverage testing group for the 401(m) plan component, but only if the 401(m) component only of employer matching contributions and hours of service and/or last-day employment condition applies to an allocation of employer matching contributions. (Syllabus Topic 2)

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124
Q

Which of the following statements regarding defined contribution plans is/are TRUE?

I. Plans that do not satisfy the IRC §401(l) integration requirements may be general tested.
II. A cross-tested profit sharing plan may define differing contribution levels for various classes of employees.
III. There is only one rate group to test for nondiscrimination if all participants have the same EBAR.

A. I only
B. III only
C. I and II only
D. II and III only
E. I, II and III

A

E - All three statements are true. (Syllabus Topic 7)

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125
Q

Based on the following information, determine the deadline for refunding excess aggregate contributions from a 401(k) plan to avoid any excise tax on the employer:

  • The plan year is January 1, 2011 to December 31, 2011.
  • The distribution amount is $2,500.
  • The plan is an EACA.

A. December 31, 2011
B. March 15, 2012
C. April 15, 2012
D. June 30, 2012
E. December 31, 2012

A

D - Excess aggregate contributions that are refunded no later than six months after the end of the plan year are not subject to an excise tax. (Syllabus Topic 3)

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126
Q

Which of the following is/are QDIAs?

I. Target date investments
II. Demographically-averaged investments
III. Managed accounts

A. I only
B. II only
C. I and III only
D. II and III only
E. I, II and III

A

E - All three types of investments satisfy the DOL’s requirements to be considered a QDIA.

A target date investment fund product or model portfolio is based on a participant’s age, target retirement date, or life expectancy. The funds change their asset mix over time, to reflect the closer retirement maturity and lessening of risk tolerance. A demographically-averaged investment fund product or model portfolio is designed to be consistent with a target level of risk appropriate for participants of the plan as a whole. With a managed account, a fiduciary allocates the assets of a participant’s account based on the individual’s age, target retirement date or life expectancy. (Syllabus Topic 6)

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127
Q

Based on the following information, determine the members of Participant B’s rate group for general testing under IRC §401(a)(4):

Participant Status Allocation Rate
A HCE 11%
B HCE 9%
C HCE 5%
D NHCE 15%
E NHCE 9%
F NHCE 3%

A. Participants B and E only
B. Participants B, D and E only
C. Participants A, B, D and E only
D. Participants A, B, C, D and E only
E. Participants A, B, C, D, E and F

A

C - A rate group consists of an HCE and all other participants who have an allocation rate equal to or greater than the HCE’s allocation rate, regardless of their status as HCEs or NHCEs. Participant B’s allocation rate is 9%. Thus, Participant A (allocation rate of 11%), Participant D (allocation rate 15%) and Participant E (allocation rate 9%) are included in Participant B’s rate group. (Syllabus Topic 7)

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128
Q

Which of the following statements regarding the corrective distributions of a failed ADP test is/are TRUE?

I. Corrective distributions must not occur until after the end of the plan year.
II. Corrective distributions count towards satisfying the minimum distribution requirements of IRC §401(a)(9).
III. Corrective distributions are subject to the 20 percent mandatory withholding rules.

A. I only
B. III only
C. I and II only
D. II and III only
E. I, II and III

A

A - Corrective distributions do not count towards satisfying the minimum distribution requirements of IRC §401(a)(9) and are not subject to the 20 percent mandatory withholding rules. (Syllabus Topic 3)

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129
Q

Based on the following information, determine the amount of the basic safe harbor matching contribution to the safe harbor 401(k) plan:

Participant Compensation Elective Deferrals
A $100,000 $12,000
B $85,000 $0
C $70,000 $2,800
D $30,000 $1,500

A. $ 6,000
B. $ 7,650
C. $ 8,000
D. $ 8,550
E. $16,300

A

B - The basic safe harbor matching contribution is 100% of the first 3% deferred and 50% of the next 2% deferred. It totals $7,650 ($4,000 + $0 + $2,450 + $1,200).

 Deferral %                               Match A   12% ($12,000 / $100,000)       $4,000 ($100,000 \* 4%) B    0%                                         $ 0 C    4% ($2,800 / $70,000)          $2,450 ($70,000 \*3.5%) D    5% ($1,500 / $30,000)           $1,200 ($30,000 \* 4%)

(Syllabus Topic 5)

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130
Q

Which of the following matching formulas satisfy the ACP test safe harbor?

I. A fixed matching contribution of 300% on the first 4% of compensation deferred.
II. A fixed matching contribution of 50% on the first 6% of compensation deferred.
III. A discretionary matching contribution of 100% on the first 5% of compensation deferred.

A. I only
B. III only
C. I and II only
D. II and III only
E. I, II and III

A

C - A discretionary formula that exceeds 4% of compensation will not satisfy the ACP safe harbor. Note the ACP requirements are different from the ADP safe harbor contribution requirements. (Syllabus Topic 5)

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131
Q

All of the following statements regarding 401(k) plans are TRUE, EXCEPT:

A. The plan may provide that an employee must complete at least one year of service prior to being eligible to make elective deferrals.
B. The plan may provide that if an employee does not complete at least 1,000 hours of service during a plan year, the participant’s elective deferrals will be returned for that plan year.
C. The plan may provide that an employee must complete at least two years of service prior to being eligible to share in 100% vested employer matching contributions.
D. The plan may provide that an employee must complete at least 1,000 hours of service during a plan year in order to share in matching contributions for that year.
E. The plan may not condition the allocation of a QNEC upon whether the employee made elective deferrals.

A

B - The plan may not return a participant’s elective deferrals for the plan year simply because the participant does not complete at least 1,000 hours of service during the plan year. (Syllabus Topic 1)

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132
Q

Based on the following information, determine the maximum elective deferral that can be made by the HCE in 2009:

  • The plan is a calendar year 401(k) plan.
  • The catch-up eligible HCE earned $100,000.
  • The plan limits deferrals to 8% of compensation.
  • The IRC §402(g) limit in 2009 is $16,500.
  • The maximum allowable catch-up contribution in 2009 is $5,500.
  • The plan passes ADP nondiscrimination testing.
  • There are no other allocations made in 2009.

A. $5,500
B. $8,000
C. $13,500
D. $16,500
E. $22,000

A

C - If one of the following elective deferral limitations is met, catch-up contributions may be made by catch-up eligible participants:

  • Internal Revenue Code (IRC) §402(g) dollar limit
  • IRC §415 limit Plan-imposed deferral limit
  • ADP testing limit

In this case, the plan limits deferrals to 8% of compensation ($100,000 * 8% = $8,000). The Highly Compensated Employee (HCE) may make an additional $5,500 catch-up contribution. The maximum elective deferral that can be made by the HCE is $13,500 ($8,000 + $5,500). (Syllabus Topic 1)

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133
Q

All of the following statements regarding elective deferrals are TRUE, EXCEPT:

A. Excess deferrals are corrected by distributing them from the plan.
B. Excess deferrals must be adjusted by allocable earnings.
C. To avoid double taxation, the deadline for correcting excess deferrals is April 15th of the next calendar year.
D. The deadline for correcting excess deferrals may be extended if the individual extends the filing of their tax return.
E. Excess deferrals are reported as taxable income.

A

D - Excess deferrals are elective deferrals for a calendar year that exceed the IRC §402(g) dollar limit. The deadline for correcting excess deferrals is April 15th of the next calendar year. The deadline may not be extended even if the deadline for filing the individual’s tax return has been extended. (Syllabus Topic 1)

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134
Q

All of the following statements regarding safe harbor 401(k) plan notices are TRUE, EXCEPT:

A. An employee who becomes eligible mid-year must receive the notice no later than his/her date of eligibility.
B. The notice requirement is met if given by the first day of the plan year for a new 401(k) plan.
C. Failure to provide the safe harbor 401(k) plan notice is considered a document failure.
D. The employer may reference the plan’s SPD regarding some of the notice content requirements.
E. The safe harbor notice must be written in a manner that is calculated to be understood by the average participant.

A

C - If notice is not given on a timely basis, the employer has failed to operate the plan in accordance with the terms of the document. In other words, failure to provide the safe harbor notice is considered an operational failure, rather than a document failure.

The notice must be given within a reasonable time before the first day of the plan year (generally between 30 and 90 days before the beginning of the plan year). For mid-year entrants, the timing requirement is deemed satisfied if given by the mid-year entrant’s eligibility date. For a new 401(k) plan, the notice requirement is met if given by the first day of the plan year. (Syllabus Topic 5)

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135
Q

All of the following statements regarding coverage testing in a 401(k) plan are TRUE, EXCEPT:

A. When testing the 401(m) component, a participant is considered benefiting if he would be eligible to receive a matching contribution had he made elective deferrals.
B. Mandatory disaggregation means the 401(k) and the 401(m) components of the plan are tested as if they were separate plans.
C. When testing the 401(m) component, terminated participants with less than 500 hours of service may be able to be excluded from the coverage testing group.
D. The 401(k) component of a plan may satisfy coverage requirements using the average benefit test.
E. The participants included in the coverage testing group are always the same for the 401(k) and 401(m) components of the plan.

A

E - The participants included in the coverage testing group for the 401(k) component are not always the same as the participants included in the coverage testing group for the 401(m) component of the plan.

The eligibility conditions for the disaggregated portion of the plan are applied when determining who is included in the coverage testing group for each component. If a plan has different eligibility requirements for elective deferrals and matching contributions, the coverage testing groups would be not be the same for the 401(k) and 401(m) components.

In addition, when determining the coverage testing group for the 401(k) component, the exclusion category for terminated participants who complete 500 or fewer hours does not apply. These participants are not excludable employees
2010 DC-2 Practice Exam 29
when testing the 401(k) component because termination during the year or the failure to complete a given number of hours during the year does not affect whether the employee is eligible to participate in the 401(k) plan.

However, this exclusion category may apply when testing the 401(m) component of the plan if the plan requires a participant to complete 1,000 hours or be employed on the last day of the plan year in order to receive an allocation of matching contributions. If the exclusion category applies to the 401(m) component, but not the 401(k) component, the coverage testing groups would be not be the same for the 401(k) and 401(m) components. (Syllabus Topic 2)

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136
Q

ERISA §404(c) requires that all of the following documents be provided to participants upon their request, EXCEPT:

A. The current value of the participant’s or beneficiary’s interest in the investment option
B. Accounting of administrative fees paid by the plan sponsor
C. Prospectuses for each investment option
D. Past investment performance data for each investment option
E. Annual operating expenses for each investment option

A

B - ERISA §404(c) does not require disclosure to participants regarding administrative fees paid by the plan sponsor.

In order to satisfy the requirements of ERISA §404(c), the plan must provide the current (or most recent) value of the participant’s or beneficiary’s interest in the investment option, prospectuses for each investment option, past investment performance data for each investment option and information on annual operating expenses for each investment option upon request. (Syllabus Topic 6)

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137
Q

Which of the following is/are required elements of a QDRO?

I. Name of the participant
II. Name of the plan involved
III. Number of payments or the period to which the order applies

A. I only
B. II only
C. I and III only
D. II and III only
E. I, II and III

A

E - All of the listed items are required elements of a Qualified Domestic Relations Order (QDRO). (Syllabus Topic 8)

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138
Q

All of the following statements regarding QJSAs are TRUE, EXCEPT:

A. A joint and 50% survivor annuity provides the surviving spouse a payment equal to 50% of the participant’s payment.
B. A QJSA for an unmarried participant is payable to the participant’s beneficiary.
C. A joint and 100% survivor annuity provides the surviving spouse a payment equal to 100% of the participant’s payment.
D. SEPs are exempt from the QJSA requirements.
E. SIMPLE IRAs are exempt from the QJSA requirements.

A

B - A Qualified Joint and Survivor Annuity (QJSA) for an unmarried participant is not payable to the participant’s beneficiary. If the participant is not married, the QJSA is simply a life annuity for the participant’s life. (Syllabus Topic 8)

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139
Q

All of the following statements regarding proper distribution of 401(k) elective deferrals are TRUE, EXCEPT:

A. A participant may borrow against his accumulated elective deferrals.
B. Elective deferrals can be withdrawn as in-service distributions provided that the employee has completed five years of plan participation.
C. A participant can elect to receive his elective deferrals upon termination of employment.
D. A participant may be entitled to receive in-service distributions of his elective deferrals after attaining age 59½.
E. Elective deferrals can be rolled over into an IRA.

A

B - Elective deferrals may not be withdrawn as in-service distributions prior to age 59½. (Syllabus Topic 1)

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140
Q

All of the following statements regarding deemed distributions are TRUE, EXCEPT:

A. A deemed distribution is subject to the 10 percent additional income tax on early distributions.
B. The account balance of the participant may not always reflect an immediate reduction of a deemed distribution.
C. A deemed distribution is an eligible rollover distribution.
D. A deemed distribution does not erase the participant’s obligation to repay the loan.
E. A deemed distribution is reported on Form 1099-R as a taxable event to the participant.

A

C - When a loan (or portion of a loan) becomes taxable because it fails to satisfy the IRC §72(p) rules, the distribution is a deemed distribution for tax purposes. A deemed distribution is subject to the same tax rules under as an actual distribution from the plan. The amount deemed to be distributed is includible in gross income, is subject to the 10 percent additional income tax on early distributions and is reported on Form 1099-R as a taxable event to the participant.

The account balance of the participant may not always reflect an immediate reduction of a deemed distribution. Because the deemed distribution may not be treated as an actual distribution until there is an offset, the value of a participant’s account balance in a defined contribution plan must reflect the continued existence of the loan.

A deemed distribution is not an eligible rollover distribution. (Syllabus Topic 10)

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141
Q

All of the following statements regarding designated Roth contributions are TRUE, EXCEPT:

A. Designated Roth contributions are subject to the IRC §402(g) limit on elective deferrals.
B. Designated Roth contributions are not taxed when distributed from a qualified plan.
C. A participant may designate all or a part of his elective deferrals as Roth contributions.
D. Designated Roth contributions are elective deferrals made on an after-tax basis.
E. Designated Roth contributions are tested for nondiscrimination purposes in the ACP test.

A

E - Designated Roth contributions are tested for nondiscrimination purposes in the Actual Deferral Percentage (ADP) test, rather than the Actual Contribution Percentage (ACP) test. (Syllabus Topic 1)

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142
Q

Which of the following statements regarding ASPPA’s Code of Professional Conduct is/are TRUE?

I. An ASPPA member shall perform professional services with courtesy and shall cooperate with others in the principal’s interest.
II. An ASPPA member shall not engage in any advertising or business solicitation activities with respect to professional services that the member should know are false or misleading.
III. An ASPPA member shall render opinions or advice, or perform professional services only when qualified to do so based on education, training or experience.

A. I only
B. II only
C. I and III only
D. II and III only
E. I, II and III

A

E - All of the statements regarding ASPPA’s Code of Professional Conduct are true. (Syllabus Topic 11)

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143
Q

Based on the following information, determine the mandatory federal tax withholding amount applicable to Employee A’s distribution:

  • Employee A is receiving a distribution of $50,000 from a qualified plan.
  • $10,000 of the distribution is a plan loan secured by Employee A’s account balance.
  • Employee A elects to roll $25,000 directly to an IRA and receive the balance in cash.

A. $2,000
B. $3,000
C. $5,000
D. $7,000
E. $10,000

A

C $50,000 less the $25,000 being rolled over = $25,000. $25,000 times the mandatory 20% federal withholding = $5,000.

Because the entire distribution is not being rolled to an Individual Retirement Account (IRA), the $10,000 loan offset is taxable to the participant and is subject to the mandatory withholding rules, along with the $15,000 that was paid directly to the plan participant. (Syllabus Topic 9)

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144
Q

Which of the following statements regarding shifting techniques is/are TRUE?

I. The elective deferrals of some participants and not others may be shifted to the ACP test.
II. Elective deferrals shifted to the ACP test are not tested in the ADP test.
III. QMACs shifted to the ADP test are not tested in the ACP test.

A. I only
B. II only
C. I and III only
D. II and III only
E. I, II and III

A

C - The elective deferrals of some participants and not others may be shifted to the ACP test. The regulations do not require that elective contributions be treated uniformly for testing purposes. The shifting may be done on an employee-by-employee basis.

Elective deferrals shifted to the ACP test are tested in the ADP test. Elective deferrals may be included in the ACP test only if the ADP test is satisfied twice: when all deferrals are included and when only non-shifted deferrals are included.

Qualified Matching Contributions (QMACs) shifted to the ADP test are not tested in the ACP test. Any QMACs used in the ADP test must be excluded from the ACP test. (Syllabus Topic 3)

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145
Q

All of the following statements regarding permitted disparity under the IRC §401(l) safe harbor are TRUE, EXCEPT:

A. The taxable wage base in effect for the plan year is the taxable wage base in effect at the end of the plan year.
B. The integration level may be equal to the taxable wage base.
C. Base compensation is a participant’s compensation amount up to the integration level.
D. The integration level must be prorated in a short plan year if the plan year compensation is limited to a short period.
E. Excess compensation is the amount by which a participant’s compensation exceeds the integration level.

A

A - The taxable wage base in effect for the plan year is the taxable wage base in effect at the beginning of the plan year. (Syllabus Topic 7)

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146
Q

Which of the following statements regarding the election to use the early participation rule for 401(k) plans covering otherwise excludable employees is/are TRUE?

I. The election is permitted only if the employer uses the otherwise excludable employee rule for coverage testing.
II. The election means that corrections are made only to the HCEs in the affected testing group.
III. The election permits the plan to exclude all NHCEs who have not met one-year of service and/or age 21 requirements from the ADP and ACP tests.

A. I only
B. II only
C. I and III only
D. II and III only
E. I, II and III

A

E - The early participation rule allows a plan that disaggregates otherwise excludable employees for coverage purposes to perform the ADP test and the ACP test, taking into account all statutory employees and only those otherwise excludable employees who are HCEs. The otherwise excludable Nonhighly Compensated Employees (NHCEs) are left out of the ADP and ACP tests entirely. Otherwise excludable employees are those who have completed less than one year of service or are under age 21.

All of the statements regarding the election to use the early participation rule for plans covering otherwise excludable employees are true. (Syllabus Topic 4)

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147
Q

All of the following statements regarding safe harbor 401(k) plans are TRUE, EXCEPT:

A. A plan is permitted to require employment on the last day of the plan year in order to receive the safe harbor nonelective contribution.
B. Safe harbor contributions may be made for HCEs as well as NHCEs.
C. A matching contribution of 100% of the first 4% of compensation deferred will satisfy both the ADP and ACP test safe harbor contribution requirements.
D. The safe harbor matching contribution may be discontinued during the plan year.
E. A safe harbor 401(k) plan may match elective deferrals that are catch-up contributions.

A

A - A plan may not require employment on the last day of the plan year in order to receive the safe harbor nonelective contribution.

Discretionary matching contributions are eligible for the ACP test safe harbor as long as the discretionary matching contributions made on any participant’s behalf for the plan year do not exceed 4 percent of compensation.

Safe harbor matching contributions may be discontinued or reduced during the year, but the plan loses its safe harbor status for that year.

Catch-up contributions are treated like any other elective deferrals and the plan may make safe harbor matching contributions on catch-ups, if desired. (Syllabus Topic 5)

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148
Q

Which of the following statements regarding ERISA §404(c) is/are TRUE?

I. If ERISA §404(c) is satisfied, plan fiduciaries have no fiduciary liability with respect to investment decisions made by plan participants.
II. The frequency rule applies only to core investment options, not to additional investment options intended to comply with ERISA §404(c).
III. If the frequency rule is not satisfied with regard to one investment option, ERISA §404(c) relief may still be available with regard to other investment options.

A. I only
B. II only
C. I and III only
D. II and III only
E. I, II and III

A

C - If a plan complies with ERISA §404(c), plan fiduciaries have no co-fiduciary liability with regard to the investment decisions made by the participants.

The frequency rule requires that the opportunity to give investment instructions must be available with a frequency that is appropriate to the volatility of the investment. The frequency rule applies to all investment options intended to comply with ERISA §404(c).

If the plan fails to satisfy the volatility requirement with respect to a particular investment option, ERISA §404(c) relief is not available with respect to that option. However, ERISA §404(c) relief may still be available with respect to the other investment options for which the frequency requirement is satisfied, so long as the other requirements of ERISA §404(c) are satisfied. (Syllabus Topic 6)

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149
Q

All of the following statements regarding nondiscrimination testing are TRUE, EXCEPT:

A. Plans may satisfy the general test on the basis of either contributions or benefits.
B. A defined benefit plan that satisfies nondiscrimination on a contributions basis is said to be cross-tested.
C. A defined contribution plan must first satisfy gateway requirements before it can be cross-tested.
D. A rate group consists of an HCE and all other participants who have an allocation rate equal to or less than the HCE’s allocation rate.
E. Nonelective forfeiture allocations are included when determining rate groups.

A

D - Plans may satisfy the general test on the basis of either contributions or benefits, thus, the first statement is true. When a defined contribution plan satisfies IRC §401(a)(4) by testing benefits, or when a defined benefit plan satisfies IRC §401(a)(4) by testing contributions, the plan is said to be cross-tested because it is testing nondiscrimination as if it were the other type of plan.

If a defined contribution plan is going to be cross-tested, it must first satisfy certain gateway conditions. These conditions grant the plan permission to do nondiscrimination testing on a benefits basis.

A rate group consists of an HCE and all other participants who have an allocation rate equal to or greater than the HCE’s allocation rate. Nonelective forfeiture allocations are considered when determining rate groups. (Syllabus Topic 7)

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150
Q

All of the following statements regarding eligible rollover distributions are TRUE, EXCEPT:

A. A hardship withdrawal from a qualified plan is not eligible for rollover.
B. Qualified plans are required to accept rollover contributions.
C. A rollover option is available to the surviving spouse of a deceased participant.
D. A QDRO payment to a former spouse is eligible for rollover.
E. A rollover option is not available on all distributions.

A

B - Although they commonly accept rollover contributions, qualified plans are not required to do so.

A rollover option is not available on all distributions. Examples include the following:

  • Hardship withdrawals
  • Required minimum distributions
  • Corrective distributions
  • Deemed distributions
  • Dividends paid on employer securities
  • A payment that is part of a series of substantially equal payments over one’s lifetime or a period of ten or more years

(Syllabus Topic 9)

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151
Q

Which of the following participants is/are included in the ACP test?

I. Employees who are eligible to make after-tax employee contributions.
II. Terminated employees who were eligible to receive matching contributions.
III. Employees who are eligible to receive matching contributions, but did not make elective deferrals.

A. I only
B. II only
C. I and III only
D. II and III only
E. I, II and III

A

E - All of the listed participants are included in the ACP test. (Syllabus Topic 2)

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152
Q

Which of the following statements regarding the deemed three percent rule is/are TRUE?

I. The deemed three percent rule may apply to ACP testing.
II. A plan may use the deemed three percent rule if it is a successor plan to a prior 401(k) plan.
III. The deemed three percent rule will not apply to a new plan using current year testing.

A. I only
B. II only
C. I and III only
D. II and III only
E. I, II and III

A

C - The deemed three percent rule generally applies to a new 401(k) plan that is using prior year testing. Since there is no prior year data for the NHCE group, the NHCE group’s ADP (and ACP, if applicable) is deemed to be 3 percent under the prior year testing method, unless the plan provides that it will determine the prior year ADP (and ACP, if applicable) on the basis of the actual NHCE data for the first plan year.

A plan may not use the deemed three percent rule if it is a successor plan to a prior 401(k) plan.

The deemed 3 percent rule applies only if the plan is using the prior year testing method. It will not apply to a new plan that is using the current year testing method. (Syllabus Topic 4)

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153
Q

Based on the following information, determine the allocation to Participant X:

  • The Taxable Wage Base (TWB) is $106,800.
  • The integration level is $106,800.
  • Participant X’s compensation for the plan year is $150,000.
  • The employer has elected to make a contribution of 5% plus 5% on excess compensation.

A. $ 2,160
B. $ 5,340
C. $ 7,500
D. $ 9,660
E. $12,840

A

D - 5% of total compensation of $150,000 = $7,500
Excess compensation = $150,000 compensation less the integration level of $106,800 = $43,200
5% of excess compensation = $2,160
5% contribution of $7,500 + excess contribution of $2,160 = $9,660

(Syllabus Topic 7)

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154
Q

All of the following statements regarding loan refinancing are TRUE, EXCEPT:

A. The interest rate on the replaced loan is used when determining the terms of the replacement loan.
B. The replaced loan is considered repaid after the refinancing transaction is completed.
C. The 50 percent loan limit under IRC §72(p) must be redetermined as of the date of refinancing.
D. More than one loan may be replaced during a refinancing transaction.
E. A replaced loan is one that is refinanced.

A

A - With loan refinancing, an existing loan (or more than one existing loan) is replaced by a new loan. The loan being replaced is treated as repaid after the refinancing transaction is completed.

The loan being refinanced is referred to as the replaced loan. The new loan resulting from the refinancing transaction is referred to as the replacement loan.

The interest rate on the replaced loan is not used when determining the terms of the replacement loan. Instead, the interest rate on the replacement loan is determined as of the date of refinancing.

The 50 percent loan limit must be re-determined to take into account the participant’s vested accrued benefit as of the date of the refinancing. (Syllabus Topic 10)

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155
Q

Which of the following statements regarding permitted disparity under the IRC §401(l) safe harbor is/are TRUE?

I. The integration level for participants who enter mid-year is prorated.
II. The integration level may be stated as a percentage, up to 100% of the taxable wage base in effect for the plan year.
III. The integration level may be stated as a dollar amount, up to the taxable wage base in effect for the plan year.

A. I only
B. II only
C. I and III only
D. II and III only
E. I, II and III

A

D - The integration level for participants who enter mid-year is not prorated. (Syllabus Topic 7)

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156
Q

All of the following statements regarding 401(k) plans are TRUE, EXCEPT:

A. An employee may make an election to defer compensation that is currently available.
B. Participants can have their elective deferral rates automatically increase with future pay increases.
C. After-tax employee contributions may be found in a 401(k) plan.
D. Elective deferrals are subject to FICA and FUTA taxes.
E. A partner can make a deferral election on compensation that is received as draw.

A

A - An employee may not elect to defer compensation that is currently available. The election to defer compensation is made before it is currently available. The employee is giving up the right to receive a portion of his or her current cash compensation in exchange for a plan contribution to be made for his or her benefit in the form of an elective deferral.

If the plan permits, participants may have their elective deferral rates automatically increase with future pay increases. (Syllabus Topic 1)

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157
Q

Which of the following statements regarding coverage testing in a 401(k) plan is/are TRUE?

I. QNECs are tested as nonelective contributions for coverage purposes.
II. Elective deferrals that are shifted to the ACP test are tested in the 401(k) component of the plan for coverage purposes.
III. QMACs that are included in the ACP test are tested in the 401(m) component of the plan for coverage purposes.

A. I only
B. II only
C. I and III only
D. II and III only
E. I, II and III

A

E - All of the statements regarding coverage testing in a 401(k) plan are true.

The coverage rules are unique for 401(k) plans, because testing must be performed as if each contribution type (i.e., elective deferrals, employer matching contributions and employer nonelective contributions) were a separate plan. Therefore, a 401(k) plan that contains all three types of contributions will be subject to three separate coverage tests each plan year. These separate coverage tests are often referred to as the 401(k) component, the 401(m) component and the 401(a) portion.

Qualified Nonelective Contributions (QNECs) are part of the nonelective contributions portion of the plan. QNECs, along with any other employer nonelective contributions allocated for the plan year, are tested in the 401(a) portion of the plan for coverage purposes. This is true regardless of whether the QNECs are included in the ADP test or ACP test.

All elective deferrals are tested in the 401(k) component of the plan for coverage purposes. This includes any elective deferrals that were shifted to the ACP test.

QMACs, along with any other matching contributions, are tested in the 401(m) component of the plan, regardless of whether the QMACs were included in the ADP test or the ACP test. (Syllabus Topic 2)

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158
Q

All of the following statements regarding nondiscrimination testing in a 401(k) plan are TRUE, EXCEPT:

A. The ACP test must include after-tax employee contributions, if any.
B. Excess deferrals for an HCE are excluded from the ADR calculation.
C. The ADP test can either be satisfied by the 1.25 test or by the 2% spread test.
D. Excess annual additions for an HCE are excluded from the ADR calculation.
E. Excess deferrals for an NHCE are excluded from the ADR calculation.

A

B - Elective deferrals that exceed the IRC §401(a)(30) limit are excess deferrals (except to the extent they are properly treated as catch-up contributions).

Excess deferrals for an HCE are included in the Actual Deferral Ratio (ADR) calculation. In contrast, excess deferrals for an NHCE are not included in the ADR calculation.

In the event that an HCE’s total annual additions exceed the IRC §415 limit, these excess annual additions for the HCE are not included in the ADR calculation. (Syllabus Topic 2)

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159
Q

Which of the following statements regarding safe harbor 401(k) plans is/are TRUE?

I. A safe harbor 401(k) plan may be deemed not to be top-heavy if the nonelective contributions are at least 2% of compensation.
II. The safe harbor nonelective contribution may be used in the nondiscrimination testing under IRC §401(a)(4).
III. The employer may adopt a provision that postpones the decision to make a safe harbor nonelective contribution until 30 days before the plan year end.

A. I only
B. II only
C. I and III only
D. II and III only
E. I, II and III

A

D - Nonelective contributions of 2% of compensation will not enable a safe harbor 401(k) plan to be deemed non-top-heavy. (Syllabus Topic 5)

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160
Q

All of the following statements regarding nondiscrimination testing are TRUE, EXCEPT:

A. Investment earnings are not considered when determining rate groups.
B. A defined contribution plan that satisfies nondiscrimination on a benefits basis is said to be cross-tested.
C. Benefits-based testing generally favors younger employees.
D. A separate rate group is identified for each HCE.
E. A participant’s EBAR may be adjusted for imputed disparity.

A

C - Benefits-based testing generally favors older employees. (Syllabus Topic 7)

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161
Q

All of the following individuals must be included in the ADP test when using the current year testing method, EXCEPT:

A. An eligible part-time employee
B. A terminated participant who worked 200 hours, but made no elective deferrals
C. A participant who is suspended from deferring due to a hardship withdrawal
D. An active participant who made no elective deferrals due to IRC §415 limitations
E. A participant who terminated in a prior plan year

A

E - Prior year terminees are not included in the ADP test. (Syllabus Topic 2)

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162
Q

Which of the following statements regarding corrective distributions for a failed ADP test is/are TRUE?

I. Corrective distributions are not subject to the 10% additional income tax on early distributions.
II. The ADP test may be corrected by allocating a discretionary matching contribution that meets the 401(k) safe harbor plan requirements.
III. Participant consent is required for corrective distributions.

A. I only
B. II only
C. I and III only
D. II and III only
E. I, II and III

A

A - The test may not be corrected by allocating a discretionary matching contribution that meets the 401(k) safe harbor plan requirements. Participant consent is not required for corrective distributions. (Syllabus Topic 3)

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163
Q

Based on the following information, determine the maximum loan amount available for a new loan to Participant A on January 1, 2009:

  • Participant A is not a participant in any other plans.
  • All required loan payments have been made timely.
  • No other loans have been taken during 2008.
  • The plan allows for multiple loans.

Vested account balance as of 01/01/2009 including outstanding loan balance = $102,000
Outstanding loan balance on 01/01/2009 = $45,000
Outstanding loan balance on 01/01/2008 = $50,000

A. $0
B. $4,000
C. $5,000
D. $6,000
E. $10,000

A

A - The maximum loan amount available for a new loan to Participant A on January 1, 2009 is $0. When a new loan is made to a participant, the $50,000 limit is reduced by the repaid loan amount during the last 12 months. The repaid loan amount is the highest loan balance in the prior 12-month period, reduced by any outstanding loan balance at the time of the new loan. The general effect of this rule is to limit the total principal amount lent during any 12-month period to $50,000. Because Participant A borrowed $50,000 within the past 12 months, $0 is currently available for a new loan.

We could also go through the steps of determining amounts available for loan:

First Limitation
1. Participant’s highest outstanding balance during the 12 months ending on the day before the loan is to be made:
$50,000
2. Participant’s outstanding loan balance on the date the second loan is to be made: $45,000
3. Difference between 1 and 2 (repaid loan amount): $5,000
4. Subtract line 3 from $50,000 (reduced $50,000 limit):
$45,000

Second Limitation
5. Current value of participant’s vested account balance:
$102,000
6. 50% of participant’s current vested account balance:
$51,000
7. The greater of $10,000 or the amount on line 6:
$51,000

  • *Participant’s Loan Limit**
    8. The lesser of line 4 or line 7: $45,000
    9. Participant’s outstanding loan balance on the date the second loan is to be made: $45,000
    10. Subtract line 9 from line 8 to get the Participant’s loan limit: $0

(Syllabus Topic 10)

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164
Q

Which of the following statements regarding safe harbor plan designs under IRC §401(a)(4) is/are TRUE?

I. A safe harbor allocation formula may specify a dollar amount per year of service allocated to each participant.
II. The contribution must be based on IRC §414(s) compensation.
III. Using compensation from a participant’s entry date satisfies the uniform allocation requirement.

A. I only
B. II only
C. I and III only
D. II and III only
E. I, II and III

A

D - A design-based safe harbor plan may allocate the same dollar amount per unit of service (not exceeding one week) performed by the participant during the plan year. An allocation formula that specifies a dollar amount per year of service would not be a design-based safe harbor because the unit of service exceeds one week. Thus, statement I is false.

Where uniformity is satisfied as a percentage of compensation, the plan must allocate employer contributions solely on the basis of plan year compensation, and the plan must define compensation for allocation purposes in a manner that satisfies IRC §414(s). Thus, statement II is true.

With a design-based safe harbor plan, a compensation period of less than the entire plan year may be used if the employee is a participant for only part of the plan year (e.g., initial entry on a date other than the first day of the plan year). In that case, plan year compensation may be defined as compensation for only the portion of the plan year in which the employee is a participant. Thus, statement III is true. (Syllabus Topic 7)

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165
Q

Based on the following information, determine the amount taxable to the following participant in 2010:

  • 2009 deferrals are $12,000.
  • 2009 excess contributions are $1,500.
  • Allocable loss on the excess contribution is ($30)
  • There is no gap period income calculation necessary.
  • Excess contributions and allocable earnings were returned to the participant on February 15, 2010.
  • The participant is not catch-up eligible.

A. $ 0
B. $ 1,470
C. $ 1,500
D. $ 1,530
E. $12,000

A

B - Excess contribution of $1,500 must be adjusted for allocable earnings (the $30 loss). $1,500 - $30 = $1,470. The entire $1,470 distribution is taxable to the participant. (Syllabus Topic 3)

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166
Q

All of the following distributions are exempt from the 10% additional income tax on early distributions, EXCEPT:

A. A distribution made to a participant’s beneficiary, on account of the participant’s death
B. A distribution attributable to a participant’s disability
C. A distribution made to a participant, age 50 who has elected early retirement under the plan
D. An in-service withdrawal from a profit sharing plan to a participant who has attained age 62
E. A distribution made to an alternate payee pursuant to a QDRO

A

C - Distributions made to participants who separate from service after attaining age 55 are not subject to the 10% additional income tax on early distributions. However, this exemption is not extended to participants under the age of 55. (Syllabus Topic 9)

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167
Q

All of the following statements regarding automatic enrollment in 401(k) plans, are TRUE, EXCEPT:

A. Automatic enrollment is a requirement in safe harbor 401(k) plans.
B. Employees must receive a notice regarding automatic enrollment.
C. When first eligible to participate, employees automatically defer at a set default deferral rate unless they elect otherwise.
D. The default investment in an EACA must satisfy DOL requirements in order to limit fiduciary liability.
E. Automatic enrollment is sometimes referred to as negative enrollment or negative election.

A

A - Automatic enrollment is an optional feature in safe harbor 401(k) plans. It is not required. (Syllabus Topic 1)

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168
Q

Which of the following is/are permitted correction methods for a failed ACP test?

I. Allocating excess aggregate contributions to a suspense account
II. Allocating a QNEC to NHCEs only
III. Shifting elective deferrals to the ACP test

A. I only
B. II only
C. I and III only
D. II and III only
E. I, II and III

A

D - There are three permitted correction methods for an ACP test failure:

  1. Distribution or forfeiture of excess aggregate contributions;
  2. Contribution of QNECs or QMACs; or
  3. Shifting elective deferrals into the ACP test

Allocating excess aggregate contributions to a suspense account is not a permitted method of correcting a failed ACP test. (Syllabus Topic 3)

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169
Q

All of the following are design-based safe harbor allocation formulas, EXCEPT:

A. An employer contribution of $5 per week of service in the plan year
B. Pro rata allocation based on points for service and compensation
C. An allocation using permitted disparity under IRC §401(l)
D. An employer contribution of 50¢ for every hour of service during the plan year
E. An allocation of $500 per participant for NHCEs only

A

B - A design-based safe harbor plan may allocate the same dollar amount per unit of service (not exceeding one week) performed by the participant during the plan year. Thus, an employer contribution of $5 per week of service in the plan year qualifies as a design-based safe harbor. The dollar amount is uniform and the unit of service does not exceed the limitation of one week.

A design-based safe harbor plan has a method of allocating the employer contributions that provides a uniform allocation, either as a percentage of compensation or a dollar amount. A pro rata allocation based on points for service and compensation does not satisfy the requirements of a design-based safe harbor allocation formula. A uniform points plan that uses a pro rata allocation formula based on a participant’s points, rather than compensation is a non-designed based safe harbor plan.

If a permitted disparity formula, as described in IRC §401(l), is used to allocate the employer contribution, the allocation is deemed to satisfy the uniformity requirement, even though the actual allocation percentages are greater for HCEs. Thus, this allocation formula qualifies as a design-based safe harbor.

A design-based safe harbor plan may allocate the same dollar amount per unit of service (not exceeding one week) performed by the participant during the plan year. Thus, an employer contribution of 50¢ for every hour of service in the plan year qualifies as a design-based safe harbor. The dollar amount is uniform and the unit of service does not exceed the limitation of one week.

Any plan provision that results in a lower allocation for one or more HCEs does not affect the plan’s status as a design-based safe harbor plan, even though such provision does not apply uniformly to all employees. Thus, an allocation of $500 per participant for NHCEs only qualifies as a design-based safe harbor. (Syllabus Topic 7)

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170
Q

Based on the following information, determine the amount of excess contributions to be distributed to HCE A:

  • Gross compensation is used in the ADP test.
  • The plan uses the current year testing method.
  • None of the participants are catch-up eligible.

Part Gross Comp Elective Deferrals
HCE A $150,000 $10,500
HCE B $100,000 $8,000
HCE C $100,000 $6,000
NHCE X $50,000 $2,500
NHCE Y $30,000 $0
NHCE Z $10,000 $700

A. $ 0
B. $1,166.67
C. $1,500.00
D. $1,750.00
E. $3,000.00

A

E - The HCE ADP is 7% ((7% + 8% + 6%) / 3) and the NHCE ADP is 4% ((5% + 0% + 7%) / 3).

         Comp          Def               ADR HCE     $150,000     $10,500        7% HCE     $100,000      $8,000        8% HCE     $100,000      $6,000        6% NHCE   $50,000      $2,500         5% NHCE   $30,000              $0         0% NHCE    $10,000          $700         7%

The maximum HCE ADP is 6% (NHCE ADP of 4% + 2%).

Under Step #1 of the refund calculations, the total distribution amount is calculated as if the distributions would be based on the ADRs of the HCEs, reducing them in descending order of their respective percentages.

        Comp      RedDef  AdjADR  OrigDefLessRedDef HCE A $150,000 $9,000  6%          ($10,500 - $9,000) = $1,500 HCE B $100,000 $6,000  6%         ($8,000 - $6,000) = $2,000 HCE C $100,000 $6,000 6%          ($6,000 - $6,000) = $ 0 Total Amount to be Refunded = $3,500

Under Step #2 of the refund calculations, the total amount to be distributed now must be allocated among the HCEs based on the amount of their elective deferrals.

First, we reduce HCE A’s deferral amount to HCE B’s deferral amount. This accounts for the first $2,500 of the $3,500 refund to be allocated. Next, we reduce HCE A and HCE B’s deferral amounts equally until the remaining $1,000 has been allocated.
OrigDef 1stRed AdjAmt 2ndRed AdjAmt
HCE A $10,500 ($2,500) $8,000 ($500) $7,500
HCE B $8,000 $8,000 ($500) $7,500
HCE C $6,000 $6,000 $6,000

The total excess contributionsfor HCE A are $3,000 ($2,500 + $500). (Syllabus Topic 3)

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171
Q

Which of the following is/are matching contribution formulas that satisfy the ACP test safe harbor?

I. A fixed matching contribution formula of 50% on the first 6% of compensation deferred
II. A fixed matching contribution formula of 25% on the first 9% of compensation deferred
III. A fixed matching contribution of 200% on the first 5% of compensation deferred

A. I only
B. II only
C. I and III only
D. II and III only
E. I, II and III

A

C - To qualify for the ACP safe harbor, matching contributions may not be made with respect to elective deferrals in excess of 6% of compensation. Thus, a fixed matching contribution formula of 25% on the first 9% of compensation deferred would not satisfy the ACP safe harbor because matching contributions are being made on deferrals in excess of 6% of compensation.

In contrast, a fixed matching contribution of 200% on the first 5% of compensation deferred would qualify for the ACP safe harbor. While the ACP safe harbor limits the percentage of deferrals that may be taken into account, it does not limit the amount of matching contributions to 6% of compensation. (Syllabus Topic 5)

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172
Q

All of the following statements regarding hardship withdrawals are TRUE, EXCEPT:

A. Hardship withdrawals are not allowed from money purchase pension plans.
B. The plan administrator may use a facts and circumstances test to determine if the hardship requirements have been satisfied.
C. Participants receiving a hardship withdrawal are suspended from making elective deferrals for a minimum of three months.
D. Profit sharing plans are not required to have the same restrictions on hardship withdrawals that are applicable to 401(k) plans.
E. The hardship withdrawal must be allowed only on account of an immediate and heavy financial need.

A

C - Participants receiving a hardship withdrawal are suspended from making elective deferrals for a minimum of six months. (Syllabus Topic 8)

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173
Q

All of the following statements regarding the ADP and ACP testing methods are TRUE, EXCEPT:

A. A safe harbor 401(k) plan is considered to be using the current year testing method.
B. An employee that was an NHCE in the prior year and an HCE in the current year is reflected in both groups under the prior year testing method.
C. The current year testing method uses NHCE data from the current plan year.
D. The prior year testing method uses the HCE data from the prior plan year.
E. The default testing method under the statute is the prior year testing method.

A

D - The prior year testing method uses the HCE data from the current plan year. (Syllabus Topic 2)

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174
Q

Based on the following information, determine the number of rate groups for general testing under IRC §401(a)(4):

Participant EBAR
HCE 1 11.34%
HCE 2 9.12%
HCE 3 9.12%
NHCE 1 12.56%
NHCE 2 5.87%
NHCE 3 4.91%

A. Two
B. Three
C. Four
D. Five
E. Six

A

A - Rate groups are identified by reference to the rate of each HCE. An HCE’s rate group includes all employees (HCEs and NHCEs) who have a rate equal to or greater than the HCE’s rate. In this example, there are two rate groups for general testing purposes: one for the HCE with an 11.34% Equivalent Benefit Accrual Ratio (EBAR) and one for the two HCEs with a 9.12% EBAR. Since two HCEs have the same EBAR, a single rate group covers them both. (Syllabus Topic 7)

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175
Q

Based on the following information, determine the ACP for the following HCEs:

  • Gross compensation is used to determine contribution ratios.
  • No contributions are shifted between ADP and ACP tests.

Part GrossComp ElectDef After-TaxEmp Matching
HCE A $150,000 $15,000 $0 $4,500
HCE B $100,000 $5,000 $5,000 $3,000
HCE C $80,000 $8,000 $0 $2,400

A. 3.00%
B. 4.67%
C. 8.33%
D. 10.00%
E. 11.33%

A

B - Matching contributions and Voluntary After-Tax Employee Contributions are both included in the ACP test. The ACRs are determined as follows:
(After-Tax Employee Contributions + Matching Contributions) / Gross Compensation = ADR

       GrossComp AfterTax Match  ACR HCE A $150,000         $0    $4,500 $4,500 / $150,000 = 3% HCE B $100,000  $5,000    $3,000 $8,000 / $100,000 = 8% HCE C  $80,000         $0    $2,400 $2,400 / $80,000 = 3%

The HCE ACP is 4.67% ((3% + 8% + 3%) / 3). (Syllabus Topic 2)

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176
Q

Which of the following statements regarding rollover distributions is/are TRUE?

I. A rollover can be made directly by a plan trustee.
II. A rollover IRA may be used as a conduit to transfer distributions from one qualified plan to another.
III. Rollover to a traditional IRA delays the taxation of the amount rolled over.

A. I only
B. II only
C. I and III only
D. II and III only
E. I, II and III

A

E - All of the statements regarding rollover distributions are true.

A rollover can be made by the individual following payment from the plan or directly by the plan trustee.

A rollover IRA may be used as a conduit to transfer distributions from one qualified plan to another. An employee that is not yet eligible for a new employer’s retirement plan could temporarily roll money into an IRA to be held until he/she is eligible to make rollover contributions to the new employer’s plan.

Rollover to a traditional IRA delays the taxation of the amount rolled over. An amount that is properly rolled over is not taxable, even though the plan has made a distribution and the amount being distributed would have been includible in income had the rollover not occurred. (Syllabus Topic 9)

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177
Q

Based on the following information, determine the amount of the basic matching contribution for the safe harbor 401(k) plan:

Participant Compensation Elective Deferral
A $100,000 $4,000
B $75,000 $0
C $50,000 $5,000
D $40,000 $800

A. $4,900
B. $5,900
C. $6,300
D. $7,000
E. $8,300

A

C - The basic safe harbor 401(k) matching contribution formula provides the following match: 100% match on the first 3% of compensation deferred plus 50% match on the next 2% of compensation deferred.

Comp ElectDef %Def 100%=>3% 50% =>2%
A $100K $4K 4% $100K*3% = $3K, $100K*1%*50% = $500
B $75K $0 0% $0 $0
C $50K $5K 10% $50K*3% = $1.5K, $50K*2%*50%= $500
D $40K $800 2% $40K*2%=$800 $0

$3,000 + $500 + $1,500 + $500 + $800 = $6,300 (Syllabus Topic 5)

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178
Q

Which of the following is/are situations that require a blackout period for a participant-directed plan?

I. Loan availability is suspended for one week.
II. Investment transfers are suspended for two days.
III. Distribution availability is suspended for four days.

A. I only
B. II only
C. I and III only
D. II and III only
E. I, II and III

A

C - A blackout period does not occur when investment transfers are suspended for two days. A blackout period is defined in ERISA to be any period of three or more days in which participants are unable to make investment elections or diversify investments, take distributions, or obtain loans from the plan. (Syllabus Topic 6)

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179
Q

All of the following statements regarding distributions are TRUE, EXCEPT:

A. A partial distribution is usually elected in a single sum.
B. In a defined contribution plan, the lump sum is the value of the vested account balance.
C. The period of time over which installment distributions can be made may be based on life expectancy.
D. A defined contribution plan may make payments as an annuity directly from the participant’s account.
E. An installment payment may be for a specific dollar amount each year, with the remaining account balance distributed at the end of the payment term.

A

D - A plan might permit a participant to elect to receive only part of his benefits from the plan. A partial distribution of benefits is usually elected in the form of a single sum.

In a defined contribution plan, the lump sum is the value of the vested account balance as of the valuation date specified in the plan. In a defined benefit plan, the lump sum is the present value of the vested accrued benefit.

An installment distribution is a periodic payment that is made for a specified period of time. The installment period might be a specified number of years or it might be based on a life expectancy period.

An installment period based on life expectancy is not the same as a guaranteed lifetime payment. If the participant dies before the end of the life expectancy period, the remaining payments are made to the beneficiary. If the participant outlives the life expectancy, the installment payments stop once the account balance is depleted. In contrast, if a life annuity were paid, the payments would last only as long as the participant is living and would continue beyond the life expectancy period if the participant lived longer than expected.

A defined contribution plan may not make payments due under an annuity directly from the participant’s account because the account balance is subject to investment fluctuations and the annuity must be able to guarantee a stream of payments for the relevant life or lives. If an annuity is paid from a defined contribution plan, an annuity contract is purchased from an insurance company so that payments can be properly guaranteed.

An installment payment election might provide for a specific dollar amount (e.g., $10,000 per year) to be distributed, with any remaining balance distributed at the end of the payment term. In contrast, an installment payment election might provide for a specific dollar amount payment (e.g., $1,000 per month), without a specified installment period. Under this latter method, the payments would continue until the vested account balance is fully distributed. (Syllabus Topic 8)

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180
Q

Which of the following statements regarding QNECs is/are TRUE?

I. QNECs may not be conditioned on whether a participant defers under the 401(k) arrangement.
II. QNECs can be used in either the ADP test or the ACP test.
III. QNECs used in the ADP test may not be used in the ACP test.

A. I only
B. II only
C. I and III only
D. II and III only
E. I, II and III

A

E All of the statements regarding QNECs are true.

QNECs may not be contributed only for participants who deferred under the 401(k) arrangement. Only matching contributions can be allocated on the basis of whether a participant has deferred.

QNECs may be treated as deferral amounts in the calculation of the ADRs under the ADP test, or as contribution amounts in the calculation of the ACRs under the ACP test. However, the same QNECs may not be used in both tests. QNECs used in the ACP test may not be used in the ADP test. Similarly, QNECs used in the ADP test may not be used in the ACP test. (Syllabus Topic 3)

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181
Q

Based on the following information, determine the ADP for the following NHCEs:

  • Before meeting the eligibility requirements, Employee D made a onetime irrevocable election not to participate in the 401(k) plan or any other plan of the employer
  • Employee E was suspended from deferring during a portion of the plan year due to a hardship withdrawal.
  • The plan satisfies IRC §410(b) coverage requirements.
  • All employees listed below have satisfied the eligibility requirements.
  • Gross compensation is used in the ADP test.
  • None of the employees are catch-up eligible.

Emp GrossComp ElectDef
A $75,000 $7,500
B $50,000 $10,000
C $40,000 $0
D $20,000 $0
E $15,000 $0

A. 6.00%
B. 7.50%
C. 10.00%
D. 12.50%
E. 15.00%

A

B - All eligible employees are included in the ADP test except the employee that made a one-time irrevocable election not to participate in the 401(k) plan or any other plan of the employer. Employees that are suspended from deferring during a portion of the plan year due to a hardship withdrawal are included in the ADP test. Employees that elect to defer $0 are included in the ADP test.

The NHCE ADRs are determined as follows:
Elective Deferral / Gross Compensation = ADR

  GrossComp  ElectDef          ADR A   $75,000        $7,500    $7,500 / $75,000 = 10% B   $50,000      $10,000  $10,000 / $50,000 = 20% C   $40,000              $0             $0 / $40,000 = 0% D   $20,000              $0              Excluded from test E     $15,000              $0             $0 / $15,000 = 0%

The NHCE ADP is 7.50% ((10% + 20% + 0% +0%) / 4). (Syllabus Topic 2)

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182
Q

All of the following statements regarding participant loans are TRUE, EXCEPT:

A. Loans must be adequately secured by 100% of the participant’s benefit.
B. Participant loans are taxed as distributions if they fail to satisfy the requirements of IRC §72(p).
C. Loans must be repaid in substantially equal installments made not less frequently than quarterly over the term of the loan.
D. A participant may be allowed to take more than one loan from a plan at a time.
E. Spousal consent may be required for participant loans.

A

A - The loan may be secured by no more than 50% of the participant’s vested accrued benefit. (Syllabus Topic 10)

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183
Q

Based on the following information, determine the amount of the RMD:

  • The participant’s required beginning date is April 1, 2010.
  • The participant’s account balance as of 12/31/08 was $345,000.
  • The participant’s account balance as of 12/31/09 was $379,000.
  • The life expectancy factor is 25.6.
  • The participant has elected to take the RMD, whether it is required or not.

A. $0
B. $13,018.87
C. $13,476.56
D. $14,301.89
E. $14,804.69

A

C - The required minimum distribution (RMD) for April 1, 2010 is the 2009 RMD and is based on the account balance as of December 31, 2008. The RMD is $13,476.56 ($345,000 / 25.6). Although the Worker, Retiree, and Employer Recovery Act of 2008 (WRERA) waived RMDs for 2009, the participant has elected to take the distribution. (Syllabus Topic 8)

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184
Q

Based on the following information, determine the amount of excise tax required to be paid by the following employer:
Excess contributions = $20,000
Allocable investment earnings on excess contributions = $500
Total amount being returned to HCEs seven months following the end of the plan year = $20,500

A. $ 0
B. $2,000
C. $2,050
D. $3,000
E. $3,075

A

B - Excess contributions must be distributed no later than 12 months after the close of the plan year for which testing is being performed. Certain excise taxes apply if the distribution is made more than 2½ months after the end of the tested plan year (or, in the case of a post-2008 401(k) plan with an eligible automatic contribution arrangement, made more than six months after the end of the tested plan year).

The excise tax is equal to 10% of the amount of the excess contribution determined before the adjustment for allocable earnings. $20,000 * 10% = $2,000. (Syllabus Topic 3)

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185
Q

Which of the following is/are investments that satisfy the QDIA requirements?

I. Balanced fund
II. Managed account
III. Target date fund

A. I only
B. II only
C. I and III only
D. II and III only
E. I, II and III

A

E - All of the investments listed satisfy the safe harbor default fund requirements.

Regulations issued by the DOL reflect three types of investments that meet the safe harbor requirements for being default options:

  1. Target date - An investment based on a participant’s age, target retirement date, or life expectancy. The funds change their asset mix over time, to reflect the closer retirement maturity and
    2010 DC-2 Practice Exam 41
    lessening of risk tolerance. A life cycle fund or a targeted-retirement date fund would meet this requirement.
  2. Demographically-averaged investment - An investment that is consistent with a target level of risk appropriate for participants of the plan as a whole. A balanced fund, which provides for a reasonable mix between debt and equity securities, would meet this requirement.
  3. Investment management service - An investment management service arrangement with respect to which a fiduciary allocates the assets of a participant’s account based on the individual’s age, target retirement date or life expectancy. A managed account, under which an investment manager allocates the funds among assets of various types, including those intended for long-term appreciation and those that provide capital preservation, would meet this requirement. (Syllabus Topic 6)
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186
Q

Which of the following statements regarding lump sum distributions is/are TRUE?

I. A participant who has attained age 59½ may qualify for a lump sum distribution.
II. If a participant is still employed by the employer, the balance to the credit includes nonvested amounts.
III. If a participant has separated from service, the balance to the credit includes vested amounts only.

A. I only
B. II only
C. I and III only
D. II and III only
E. I, II and III

A

E - All of the statements regarding lump sum distributions are true.

The primary distribution events for a lump sum distribution are attainment of age 59½ and separation from service.

To be a lump sum distribution, the payment must constitute the balance to the credit of the employee, and it must be made within one taxable year following a proper distribution event. The employee’s balance to the credit is the entire value of his accrued benefit, including amounts that are not includible in income (basis).

The participant’s balance to the credit is determined at the time the distribution is made. If the participant is still employed by the employer, the participant’s balance to the credit includes nonvested amounts. If the participant has separated from service, the participant’s balance to the credit does not include nonvested amounts. (Syllabus Topic 9)

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187
Q

Based on the following information, determine the maximum elective deferral that HCE X could make that would satisfy the ADP test:

  • The NHCE ADP is 5%.
  • All employees listed below have satisfied the eligibility requirements.
  • Gross compensation is used in the ADP test.
  • The IRC §401(a)(17) compensation limit in 2009 is $245,000
  • None of the employees are catch-up eligible.

Emp GrossComp ElectDef
HCE X $300,000
HCE Y $150,000 $15,000
HCE Z $100,000 $8,000

A. $ 0
B. $ 7,350
C. $ 9,000
D. $15,500
E. $16,500

A

B - The maximum HCE ADP is 7% (NHCE ADP of 5% + 2%).
GrossComp ElectDef ADR
HCE X $300,000
HCE Y $150,000 $15,000 $15,000 / $150,000 = 10%
HCE Z $100,000 $8,000 $8,000 / $100,000 = 8%

The HCE ADR’s may total 21% (maximum HCE ADP of 7% * 3 HCEs).
The HCE ADRs currently total 18% (10% + 8%).
HCE X may defer a maximum of 3%.

Since HCE X’s compensation exceeds the IRC §401(a)(17) compensation limit. HCE X’s compensation must be limited to $245,000 for plan purposes. 3% of $245,000 = $7,350. (Syllabus Topic 2)

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188
Q

Based on the following information, determine the required beginning date for an RMD to Participant A:
Participant A has no ownership interest in the company. Participant A was born on July 19, 1936. Participant A separates from service on February 1, 2008.

A. January 19, 2007
B. April 1, 2007
C. April 1, 2008
D. December 31, 2008
E. April 1, 2009

A

E - The required beginning date for a participant who is not a 5% is the later of April 1 following the end of the calendar year in which the participant attains age 70½ or retires. Participant A attains age 70½ on January 17, 2007, but did not separate from service until February 1, 2008. The calendar year ends on December 31, 2008 so the required beginning date is April 1, 2009. (Syllabus Topic 8)

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189
Q

Which of the following statements regarding cross-testing is/are TRUE?

I. Nondiscrimination can be satisfied on a benefits basis by evaluating projected benefits at retirement.
II. A defined benefit plan that satisfies nondiscrimination testing on a contributions basis is said to be cross-tested.
III. A defined contribution plan that satisfies nondiscrimination testing on a benefits basis is said to be cross-tested.

A. I only
B. II only
C. I and III only
D. II and III only
E. I, II and III

A

E - All of the statements regarding cross-testing are true.

In simplest terms, general testing is a method of demonstrating that plan allocations or plan benefits are nondiscriminatory by dividing employees into rate groups, and then analyzing each rate group separately. Cross-testing is a form of general testing.

Under IRC §401(a)(4), a plan may not discriminate in the amount of benefits or contributions provided. Nondiscrimination can be evaluated on the basis of contributions and forfeitures allocated during the year (i.e., on a contributions basis), or on the basis of the projected benefits at retirement (i.e., on a benefits basis). The ability to test under either of these options extends to both defined benefit and defined contribution plans.

The customary way of examining nondiscrimination in a defined contribution plan is to examine the contribution rates of participants. If a defined contribution plan uses the benefits basis analysis to determine nondiscrimination, it is called cross-testing. Similarly, a defined benefit plan that is being tested on the basis of the equivalent contributions is being cross-tested for nondiscrimination. (Syllabus Topic 7)

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190
Q

All of the following statements regarding double-counting limits are TRUE, EXCEPT:

A. Double-counting limits may not apply in the first year of a new plan.
B. Double-counting limits may apply to a plan that uses shifting techniques to satisfy ACP testing.
C. Double-counting limits may apply to a plan that switches from the current year testing method to the prior year testing method.
D. Double-counting limits may apply to a plan that switches from the prior year testing method to the current year testing method.
E. If the double counting limits apply, QNECs used in the prior year must be disregarded in the current year.

A

D - Double-counting limits may apply to a plan that uses shifting techniques to satisfy ACP testing. If certain conditions are met, all or a portion of the eligible employees’ elective deferrals may be included in the ACP test. Elective deferrals that are shifted to the ACP are disregarded when computing an employee’s ADR for the ADP test. They may not be counted twice.

The double-counting limits also apply after there is a switch from using the current year testing method in one plan year to the prior year testing method in the next plan year.

When a plan switches from using current year testing in one year (“Plan Year 1”) to using prior year testing in the next year (“Plan Year 2”), the NHCE data from Plan Year 1 is being used twice for testing purposes: once to run the test for Plan Year 1 and again to run the test for Plan Year 2, because the prior year testing method is used for that year.

Prior year data must be adjusted to disregard QNECs used in the Plan Year 1 testing before the data are used in Plan Year 2 under the prior year testing method to avoid double-counting the QNECs. However, any QNECs not used in the ADP test for Plan Year 1 may be used in the ADP test in Plan Year 2. (Syllabus Topic 4)

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191
Q

All of the following statements regarding distribution reporting are TRUE, EXCEPT:

A. Form 945 must be filed each year, even if there was no withholding liability.
B. The amount of federal tax income withheld from a distribution is reported on Form 1099-R.
C. Form 945 reconciles actual deposits with withholding liability.
D. If part of a distribution is directly rolled over and the other part is paid to the participant, two Form 1099-Rs must be prepared.
E. Distributions from governmental 457(b) plans are reported on Form 1099-R.

A

A - A Form 945 filing is not required for any year in which no withholding was required. (Syllabus Topic 9)

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192
Q

Which of the following statements regarding corrective distributions is/are TRUE?

I. If the HCE has both pre-tax and designated Roth contributions, the designated Roth contributions are always the first to be refunded as excess contributions.
II. If a catch-up eligible HCE has not fully utilized the catch-up limit permitted by the plan, the HCE’s excess contributions must be recharacterized as catch-up contributions up to the remaining catch-up limit.
III. Any nonvested matching contributions treated as excess aggregate contributions are forfeited instead of distributed.

A. I only
B. II only
C. I and III only
D. II and III only
E. I, II and III

A

D - If an HCE’s elective deferrals for a plan year include both pre-tax and Roth contributions, the plan may to permit the HCE to make an election as to which type of contribution is attributable to the excess contributions being refunded. (Syllabus Topic 3)

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193
Q

All of the following are valid permitted disparity formulas, EXCEPT:

  • The integration level for the plan is the TWB in effect for the plan year.

A. 3% of total compensation plus 3% of compensation in excess of the TWB
B. 5% of total compensation plus 4% of compensation in excess of the TWB
C. 6% of total compensation plus 6% of compensation in excess of the TWB
D. 8% of total compensation plus 4.3% of compensation in excess of the TWB
E. 10% of total compensation plus 5.7% of compensation in excess of the TWB

A

C - 6% of total compensation plus 6% of compensation in excess of the Taxable Wage Base (TWB) is not a valid permitted disparity formula. The maximum disparity allowance is the lesser of a maximum disparity percentage or the base contribution percentage. If the integration level is the TWB, the maximum disparity percentage is 5.7%. (Syllabus Topic 7)

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194
Q

Based on the following information, determine the amount of excess contribution to be refunded to HCE1:

  • The ADP for the NHCEs is 6%.
  • Gross compensation is used in the ADP test.
  • None of the employees are catch-up eligible.

Part GrossComp ElectDef
HCE 1 $150,000 $15,000
HCE 2 $100,000 $10,000

A. $2,000
B. $3,000
C. $4,000
D. $5,000
E. $6,000

A

D - The maximum HCE ADP is 8% (NHCE ADP of 6% + 2%). The current HCE ADP is 10% as illustrated below.

        GrossComp  ElectDef  ADR HCE 1   $150,000     $15,000   $15,000 / $150,000 = 10% HCE 2  $100,000     $10,000   $10,000 / $100,000 = 10%

Under Step #1 of the refund calculations, the total distribution amount is calculated as if the distributions would be based on the ADRs of the HCEs, reducing them in descending order of their respective percentages.

    Comp  ReducedDef  Adj ADR OrigDefLessRedDef HCE 1 $150,000  $12,000  8% ($15,000 - $12,000) = $3,000 HCE 2  $100,000 $8,000 8%  ($8,000 - $6,000) = $2,000 Total Amount to be Refunded = $5,000

Under Step #2 of the refund calculations, the total amount to be distributed now must be allocated among the HCEs based on the amount of their elective deferrals.

First, we reduce HCE 1’s deferral amount to HCE 2’s deferral amount. This accounts for the entire $5,000 refund to be allocated.
OrigDef FirstRed Adj Amount
HCE 1 $15,000 ($5,000) $10,000
HCE 2 $10,000 $10,000

The total excess contributions for HCE 1 are $5,000. (Syllabus Topic 3)

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195
Q

All of the following are design-based safe harbor allocation formulas, EXCEPT:

A. An employer contribution of $1 for every hour of service during the plan year
B. Pro rata based on compensation for the entire plan year for a mid-year plan entrant
C. An employer contribution of $25 per month of service in the plan year
D. Pro rata based on compensation with a contribution limit of $1,000 per participant
E. Pro rata based on compensation earned from the date of participation

A

C A design-based safe harbor plan may satisfy the uniformity requirement by allocating the same dollar amount per unit of service performed by the participant during the plan year. However, the unit of service may not exceed one week.

An employer contribution of $1 for every hour of service is a design-based safe harbor because the unit of time used to compute the dollar amount does not exceed one week. In contrast, an employer contribution of $25 per month of service is not a design-based safe harbor because the unit of time used to compute the dollar amount allocation exceeds one week.

In a design-based safe harbor plan, contributions for a mid-year plan entrant may be based on compensation for the entire plan year. Alternatively, contributions for a mid-year entrant may be based on compensation for only the portion of the plan year in which the employee is a participant without jeopardizing the plan’s status as a design-based safe harbor.

In addition, a participant’s allocation can be limited to a specified dollar amount without jeopardizing the plan’s status as a design-based safe harbor. (Syllabus Topic 7)

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196
Q

All of the following statements regarding 401(k) plans are TRUE, EXCEPT:

A. Safe harbor 401(k) contributions may not be distributed on account of an active participant’s financial hardship.

B. A rural cooperative may adopt a new 401(k) plan.

C. The plan may require two years of service for eligibility in the employer matching contribution component of the plan.

D. Local governmental employers may adopt a new 401(k) plan.

E. The plan may not condition the allocation of a QNEC upon whether the employee made elective contributions.

A

D - State or local governmental employers are generally prohibited from adopting 401(k) plans (unless they are eligible under certain grandfather rules). This prohibition on governmental employers applies only to 401(k) plans, and not to profit sharing plans. Furthermore, Indian tribal governments and rural cooperatives may sponsor 401(k) plans. (Syllabus Topic 1)

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197
Q

Based on the following information, determine which participant(s) has elective contributions characterized as catch-up contributions for 2012:

  • The plan is a calendar year 401(k) plan.
  • The plan limits elective contributions to 10% of compensation.
  • The IRC §402(g) limit in 2012 is $17,000.
  • The maximum allowable catch-up contribution in 2012 is $5,500.
  • The plan passes ADP nondiscrimination testing.

Part DOB Comp Elect Contr

A 09/08/1952 $220K $22K

B 10/06/1962 $125K $17K

C 02/15/1972 $75K $10

D 05/08/1982 $50K $5K

A. Participant A only

B. Participants A and B only

C. Participants B and C only

D. Participants A, B and C only

E. Participants A, B, C and D

A

B - Participants A and B are eligible to make catch-up contributions as each is age 50 or older as of December 31, 2012.

Participant A’s elective contributions of $22,000 exceed the 2012 IRC §402(g) dollar limit on elective deferrals of $17,000. Thus, $5,000 of Participant A’s elective contributions will be characterized as catch-up contributions for 2012.

Participant B’s elective contributions of $17,000 are within the 2012 IRC §402(g) dollar limit, but they exceed the plan-imposed deferral limit of 10% of compensation ($12,500). Thus, $4,500 of Participant B’s elective contributions will be characterized as catch-up contributions for 2012.

Although Participant C’s elective contributions also exceed the plan-imposed deferral limit of 10% of compensation, Participant C is not eligible for catch-up contributions due to age. Thus, Participant C’s elective contributions may not be characterized as catch-up contributions for 2012. Instead, Participant C’s excess deferral must be corrected. (Syllabus Topic 1)

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198
Q

All of the following statements regarding excess deferrals are TRUE, EXCEPT:

A. Excess deferrals are corrected by distributing them from the plan.

B. Excess deferrals must be adjusted by allocable earnings.

C. To avoid double taxation, the deadline for correcting excess deferrals is April 15th of the next calendar year.

D. The deadline for correcting excess deferrals may be extended if the individual extends the filing of their tax return.

E. Excess deferrals are reported as taxable income.

A

D - Excess deferrals are elective contributions for a calendar year that exceed the IRC §402(g) dollar limit. The deadline for correcting excess deferrals is April 15th of the next calendar year. The deadline may not be extended even if the deadline for filing the individual’s tax return has been extended. (Syllabus Topic 1)

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199
Q

All of the following statements regarding proper distribution of 401(k) elective contributions are TRUE, EXCEPT:

A. A participant may borrow against his accumulated elective contributions.

B. Elective contributions may be withdrawn as in-service distributions provided that the employee has completed five years of plan participation.

C. A participant may elect to receive his elective contributions upon termination of employment.

D. A participant may be entitled to receive in-service distributions of his elective contributions after attaining age 59½.

E. Elective contributions may be rolled over into an IRA when eligible for distribution.

A

B - Elective contributions may not be withdrawn as in-service distributions prior to age 59½. (Syllabus Topic 1)

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200
Q

All of the following statements regarding designated Roth contributions are TRUE,

EXCEPT:

A. Designated Roth contributions are subject to the IRC §402(g) limit on elective deferrals.

B. Designated Roth contributions are tested for nondiscrimination purposes in the ACP test.

C. A participant may designate all or a part of his elective contributions as Roth contributions.

D. Designated Roth contributions are elective contributions made on a post-tax basis.

E. Designated Roth contributions are not taxed when distributed from a qualified plan.

A

B - Designated Roth contributions are tested for nondiscrimination purposes in the actual deferral percentage (ADP) test, rather than the actual contribution percentage (ACP) test. (Syllabus Topic 1)

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201
Q

All of the following statements regarding 401(k) plans are TRUE, EXCEPT:

A. An employee may make an election to defer compensation that is currently available.

B. Participants may have their deferral rates automatically increased with future pay increases.

C. After-tax employee contributions may be found in a 401(k) plan.

D. Elective contributions are subject to withholding of Social Security and Medicare taxes.

E. A partner may make a deferral election on compensation that is received as draw.

A

A - An employee may not elect to defer compensation that is currently available. The election to defer compensation is made before it is currently available. The employee is giving up the right to receive a portion of his or her current cash compensation in exchange for a plan contribution to be made for his or her benefit in the form of an elective contribution.

If the plan permits, participants may have their elective contribution rates automatically increase with future pay increases.

Elective contributions are subject to withholding of Social Security (i.e., FICA) and federal unemployment (i.e., FUTA) taxes. This is true regardless of whether the elective contributions were made on a pre-tax or post-tax basis for federal income tax purposes. (Syllabus Topic 1)

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202
Q

All of the following statements regarding automatic enrollment in 401(k) plans, are TRUE, EXCEPT:

A. Automatic enrollment is a requirement in non-QACA safe harbor 401(k) plans.

B. Employees must receive a notice regarding automatic enrollment.

C. When first eligible to participate, employees automatically defer at a set default deferral rate unless they elect otherwise.

D. The default investment in an EACA must satisfy DOL requirements in order to limit fiduciary liability.

E. Automatic enrollment is sometimes referred to as negative enrollment or negative election.

A

A - Automatic enrollment is an optional feature in safe harbor 401(k) plans that are not qualified automatic contribution arrangements (QACAs). It is not required unless the plan is a QACA. (Syllabus Topic 1)

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203
Q

All of the following statements regarding coverage testing in a 401(k) plan are TRUE, EXCEPT:

A. When testing the 401(m) component, a participant is considered benefiting if he would be eligible to receive a matching contribution had he made elective contributions.

B. When testing the 401(k) component, terminated participants with less than 500 hours of service are not excluded from the coverage testing group.

C. When testing the 401(m) component, terminated participants with less than 500 hours of service may be excluded from the coverage testing group in some circumstances.

D. All employees who are eligible to make after-tax employee contributions are included in the coverage testing group for the 401(m) plan component.

E. The participants included in the coverage testing group are always the same for the 401(k) and 401(m) components of the plan.

A

E - The participants included in the coverage testing group for the 401(k) component are not always the same as the participants included in the coverage testing group for the 401(m) component of the plan.

The eligibility conditions for the disaggregated portion of the plan are applied when determining who is included in the coverage testing group for each component. If a plan has different eligibility requirements for elective contributions and matching contributions, the coverage testing groups would not be the same for the 401(k) and 401(m) components.

In addition, when determining the coverage testing group for the 401(k) component, the exclusion category for terminated participants who complete 500 or fewer hours does not apply. These participants are not excludable employees when testing the 401(k) component because termination during the year or the failure to complete a given number of hours during the year does not affect whether the employee is eligible to participate in the 401(k) plan.

However, this exclusion category may apply when testing the 401(m) component of the plan if the plan requires a participant to complete 1,000 hours or be employed on the last day of the plan year in order to receive an allocation of matching contributions. If the exclusion category applies to the 401(m) component, but not the 401(k) component, the coverage testing groups would not be the same for the 401(k) and 401(m) components.

If the plan allows for after-tax employee contributions, all employees who are eligible to make after-tax employee contributions are included in the coverage testing group under the 401(m) component. In addition, the exclusion category for terminated participants who complete 500 or fewer hours would not apply to the 401(m) component because termination during the year or the failure to complete a given number of hours during the year does not affect whether the employee is eligible to make after-tax employee contributions and, thus, participate in the 401(m) portion of the plan. (Syllabus Topic 2)

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204
Q

Which of the following participants is/are included in the ACP test?

I. Employees eligible to make after-tax employee contributions

II. Terminated employees eligible to receive matching contributions

III. Employees eligible to receive matching contributions, but did not make elective contributions

A. I only

B. II only

C. I and III only

D. II and III only

E. I, II and III

A

E - All of the listed participants are included in the ACP test. The ACP test includes only the employees who are eligible employees under the 401(m) arrangement. The eligible employees are defined as the employees who are eligible to make after-tax employee contributions or who are eligible for an allocation of employer matching contributions for all or a portion of the plan year. (Syllabus Topic 2)

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205
Q

Which of the following statements regarding coverage testing in a 401(k) plan is/are TRUE?

I. QNECs are tested as nonelective contributions for coverage purposes.

II. Elective deferrals that are shifted to the ACP test are tested in the 401(k) component of the plan for coverage purposes.

III. QMACs that are included in the ACP test are tested in the 401(m) component of the plan for coverage purposes.

A. I only

B. II only

C. I and III only

D. II and III only

E. I, II and III

A

E - All of the statements regarding coverage testing in a 401(k) plan are true.

The coverage rules are unique for 401(k) plans, because testing must be performed as if each contribution type (i.e., elective contributions, employer matching contributions and employer nonelective contributions) were a separate plan. Therefore, a 401(k) plan that contains all three types of contributions will be subject to three separate coverage tests each plan year. These separate coverage tests are often referred to as the 401(k) component, the 401(m) component and the 401(a) portion.

Qualified nonelective contributions (QNECs) are part of the nonelective contributions portion of the plan. QNECs, along with any other employer nonelective contributions allocated for the plan year, are tested in the 401(a) portion of the plan for coverage purposes. This is true regardless of whether the QNECs are included in the ADP test or ACP test.

All elective contributions are tested in the 401(k) component of the plan for coverage purposes. This includes any elective contributions that were shifted to the ACP test.

QMACs, along with any other matching contributions, are tested in the 401(m) component of the plan, regardless of whether the QMACs were included in the ADP test or the ACP test. (Syllabus Topic 2)

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206
Q

All of the following statements regarding nondiscrimination testing in a 401(k) plan are TRUE, EXCEPT:

A. The ACP test must include after-tax employee contributions, if any.

B. Excess deferrals for an HCE are excluded from the ADR calculation.

C. The ADP test is satisfied by either the 1.25 test or by the 2% spread test.

D. Excess annual additions for an HCE are excluded from the ADR calculation.

E. Excess deferrals for an NHCE are excluded from the ADR calculation.

A

B - Elective contributions that exceed the IRC §401(a)(30) limit are excess deferrals (except to the extent they are properly treated as catch-up contributions).

Excess deferrals for an HCE are included in the actual deferral ratio (ADR) calculation. In contrast, excess deferrals for an NHCE are not included in the ADR calculation.

In the event that an HCE’s total annual additions exceed the IRC §415 limit, these excess annual additions for the HCE are not included in the ADR calculation. The same holds true for an NHCE whose total annual additions exceed the IRC §415 limit. These excess annual additions for the NHCE are not included in the ADR calculation. (Syllabus Topic 2)

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207
Q

All of the following statements regarding the ADP and ACP testing methods are TRUE, EXCEPT:

A. A safe harbor 401(k) plan is considered to be using the current year testing method.

B. An employee that was an NHCE in the prior year and an HCE in the current year is reflected in both groups under the prior year testing method.

C. The current year testing method uses NHCE data from the current plan year.

D. The prior year testing method uses the HCE data from the prior plan year.

E. The default testing method under the statute is the prior year testing method.

A

D - The prior year testing method uses the NHCE data from the prior year and HCE data from the current plan year. An employee that was an NHCE in the prior year and an HCE in the current year is reflected in both groups under the prior year testing method.

The current year testing method uses NHCE data and HCE data from the current plan year. A safe harbor 401(k) plan is considered to be using the current year testing method.

The default testing method under the statute is the prior year testing method. Thus, the prior year testing method applies for ADP/ACP testing purposes unless the employer elects to use the current year testing method. Note: Consistency between the ADP and ACP tests is not required. A plan may use the prior year testing method for the ADP test while using the current year testing method for the ACP test or vice versa. (Syllabus Topic 2)

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208
Q

Based on the following information, determine the ACP for the following HCEs:

  • Gross compensation is used to determine contribution ratios.
  • No contributions are shifted between ADP and ACP tests.

Part Gross ElectDef AfterCont Match

HCE A $150K $15K $0 $4.5K

HCE B $100K $5 $5K $3K

HCE C $80K $8 $0 $2.4K

A. 3.00%

B. 4.67%

C. 8.33%

D. 10.00%

E. 11.33%

A

B - Matching contributions and voluntary after-tax employee contributions are both included in the ACP test. The ACRs are determined as follows:

(After-Tax Employee Contributions + Matching Contributions) / Gross Compensation = ADR

Gross    AfterCont    Match     ACR

A $150K $0 $4.5K $4.5K/$150K=3%

B $100K $5K $3K $8K/$100K=8%

C $80K $0 $2.4K $2.4K/$80K=3%

The HCE ACP is 4.67% ((3% + 8% + 3%) / 3). (Syllabus Topic 2)

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209
Q

Based on the following information, determine the maximum elective deferral that HCE X could make that would satisfy the ADP test:

  • The NHCE ADP is 5%.
  • All employees listed below have satisfied the eligibility requirements.
  • Gross compensation is used in the ADP test.
  • The IRC §401(a)(17) compensation limit in 2012 is $250,000.
  • None of the employees are catch-up eligible.

Emp Gross ElectDef

HCE X $300K -

HCE Y $150K $15K

HCE Z $100K $8K

A. $ 0

B. $ 7,500

C. $ 9,000

D. $12,500

E. $17,500

A

B - To determine the maximum HCE ADP, first perform the 1.25 times test.

NHCE ADP of 5% * 1.25 = 6.25%

Next perform the 2 percent spread test.

NHCE ADP of 5% * 2 = 10%

NHCE ADP of 5% + 2% = 7%

The lesser of the two figures from the 2 percent spread test is used. Thus, for the 2 percent spread test, 7% is the maximum percentage.

Next select the greater result from the 1.25 times test and the 2 percent spread test. Since the 7% from the 2 percent spread test is greater than the 6.25% from the 1.25 times test, the maximum HCE ADP is 7%.

Note: The 2 percent spread test does not always produce the greatest result so both portions of the test should be performed in order to determine the maximum HCE ADP.

Emp Gross ElectDef ADR

HCE X $300K - -

HCE Y $150K $15K $15K/$150K=10%

HCE Z $100K $8K $8K/$100K=8%

The HCE ADR’s may total 21% (maximum HCE ADP of 7% * 3 HCEs).

The HCE ADRs currently total 18% (10% + 8%).

HCE X may defer a maximum of 3%.

Since HCE X’s compensation exceeds the IRC §401(a)(17) compensation limit. HCE X’s compensation must be limited to $250,000 for plan purposes. 3% of $250,000 = $7,500. (Syllabus Topic 2)

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210
Q

Which of the following statements regarding shifting techniques is/are TRUE?

I. The elective deferrals of some participants and not others may be shifted to the ACP test.

II. Elective deferrals shifted to the ACP test are not tested in the ADP test.

III. QMACs shifted to the ADP test are not tested in the ACP test.

A. I only

B. II only

C. I and III only

D. II and III only

E. I, II and III

A

C - The elective deferrals of some participants and not others may be shifted to the ACP test. The regulations do not require that elective contributions be treated uniformly for testing purposes. The shifting may be done on an employee-by employee basis.

Elective deferrals shifted to the ACP test are tested in the ADP test. Elective deferrals may be included in the ACP test only if the ADP test is satisfied twice: when all deferrals are included and when only non-shifted deferrals are included. Qualified Matching Contributions (QMACs) shifted to the ADP test are not tested in the ACP test. Any QMACs used in the ADP test must be excluded from the ACP test. (Syllabus Topic 3)

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211
Q

Which of the following statements regarding corrective distributions for a failed ADP test is/are TRUE?

I. Corrective distributions are not subject to the 10% tax on early distributions.

II. The ADP test may be corrected by allocating a discretionary matching contribution that satisfies the 401(k) safe harbor plan requirements.

III. Participant consent is required for corrective distributions.

A. I only

B. II only

C. I and III only

D. II and III only

E. I, II and III

A

A - The test may not be corrected by allocating a discretionary matching contribution that satisfies the 401(k) safe harbor plan requirements.

Participant consent is not required for corrective distributions. (Syllabus Topic 3)

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212
Q

Based on the following information, determine the amount of excess contributions to be distributed to HCE A:

  • Gross compensation is used in the ADP test.
  • The plan uses the current year testing method.
  • None of the participants are catch-up eligible.

Part Gross ElectDef

HCE A $150K $10.5K

HCE B $100K $8K

HCE C $100K $6K

NHCE X $50K $2.5K

NHCE Y $30K $0

NHCE Z $10K $700

A. $1,166.67

B. $1,500.00

C. $1,750.00

D. $3,000.00

E. $3,500.00

A

D - The HCE ADP is 7% ((7% + 8% + 6%) / 3) and the NHCE ADP is 4% ((5% + 0% + 7%) / 3).

See DC_2_Spring 2014_Topic 3_Quiz_Q_A.doc

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213
Q

Which of the following statements regarding QNECs is/are TRUE?

I. QNECs may not be conditioned on whether a participant defers under the 401(k) arrangement.

II. QNECs may be used in either the ADP test or the ACP test.

III. QNECs used in the ADP test may not be used in the ACP test.

A. I only

B. II only

C. I and III only

D. II and III only

E. I, II and III

A

E - All of the statements regarding QNECs are true. QNECs may not be contributed only for participants who deferred under the 401(k) arrangement. Only matching contributions can be allocated on the basis of whether a participant has deferred. QNECs may be treated as deferral amounts in the calculation of the ADRs under the ADP test, or as contribution amounts in the calculation of the ACRs under the ACP test. However, the same QNECs may not be used in both tests. QNECs used in the ACP test may not be used in the ADP test. Similarly, QNECs used in the ADP test may not be used in the ACP test. (Syllabus Topic 3)

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214
Q

Based on the following information, determine the amount of excise tax required to be paid by the following employer:

Excess Contributions: $20K

Allocable investment earnings on excess contributions: $500

Total amount being returned to HCEs seven months following the end of the plan year: $20.5K

A. $ 0

B. $2,000

C. $2,050

D. $3,000

E. $3,075

A

B - Excess contributions must be distributed no later than 12 months after the close of the plan year for which testing is being performed. Certain excise taxes apply if the distribution is made more than 2½ months after the end of the tested plan year (or, in the case of a post-2008 401(k) plan with an eligible automatic contribution arrangement (EACA), made more than six months after the end of the tested plan year).

The excise tax is equal to 10% of the amount of the excess contribution determined before the adjustment for allocable earnings. $20,000 * 10% = $2,000. (Syllabus Topic 3)

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215
Q

Which of the following statements regarding corrective distributions is/are TRUE?

I. If the HCE has both pre-tax elective contributions and designated Roth contributions, the designated Roth contributions are always the first to be refunded as excess contributions.

II. If a catch-up eligible HCE has not fully utilized the catch-up limit permitted by the plan, the HCE’s excess contributions must be recharacterized as catch-up contributions up to the remaining catch-up limit.

III. Any nonvested matching contributions treated as excess aggregate contributions are forfeited instead of distributed.

A. I only

B. II only

C. I and III only

D. II and III only

E. I, II and III

A

D - If an HCE’s elective contributions for a plan year include both pre-tax elective contributions and designated Roth contributions, the plan may permit the HCE to elect which type of contribution (i.e., pre-tax or designated Roth) is attributable to the excess contributions being refunded. (Syllabus Topic 3)

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216
Q

Based on the following information, determine the amount of excess contribution to be refunded to HCE1:

  • The ADP for the NHCEs is 6%.
  • Gross compensation is used in the ADP test.
  • None of the employees are catch-up eligible.

Part Gross ElectDef

HCE1 $150K $15K

HCE2 $100K $10K

A. $2,000

B. $3,000

C. $4,000

D. $5,000

E. $6,000

A

D - See DC_2_Spring 2014_Topic 3_Quiz_Q_A.doc

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217
Q

Which of the following statements regarding the election to use the early participation rule for 401(k) plans covering otherwise excludable employees is/are TRUE?

I. The election is permitted only if the employer uses the otherwise excludable employee rule for IRC §410(b) coverage testing.

II. The election means that corrections are made only to the HCEs in the affected testing group.

III. The election permits the plan to exclude all NHCEs who have not satisfied one-year of service and/or age 21 requirements from the ADP and ACP tests.

A. I only

B. II only

C. I and III only

D. II and III only

E. I, II and III

A

E - All of the statements regarding the election to use the early participation rule for plans covering otherwise excludable employees are true.

The early participation rule allows a plan that disaggregates otherwise excludable employees for coverage purposes to perform the ADP test and the ACP test, taking into account all statutory employees and only those otherwise excludable employees who are HCEs. The otherwise excludable nonhighly compensated employees (NHCEs) are left out of the ADP and ACP tests entirely. Otherwise excludable employees are those who have completed less than one year of service or are under age 21. (Syllabus Topic 4)

218
Q

Which of the following statements regarding the deemed three percent rule is/are TRUE?

I. The deemed three percent rule may apply to ACP testing.

II. A plan may use the deemed three percent rule if it is a successor plan to a prior 401(k) plan.

III. The deemed three percent rule will not apply to a new plan using current year testing.

A. I only

B. II only

C. I and III only

D. II and III only

E. I, II and III

A

C - The deemed three percent rule generally applies to a new 401(k) plan that is using prior year testing. Since there is no prior year data for the NHCE group, the NHCE group’s ADP (and ACP, if applicable) is deemed to be 3 percent under the prior year testing method, unless the plan provides that it will determine the prior year ADP (and ACP, if applicable) on the basis of the actual NHCE data for the first plan year.

A plan may not use the deemed three percent rule if it is a successor plan to a prior 401(k) plan.

219
Q

All of the following statements regarding double-counting limits are TRUE, EXCEPT:

A. Double-counting limits may not apply in the first year of a new plan.

B. Double-counting limits may apply to a plan that uses shifting techniques to satisfy ACP testing.

C. Double-counting limits may apply to a plan that switches from the current year testing method to the prior year testing method.

D. Double-counting limits may apply to a plan that switches from the prior year testing method to the current year testing method.

E. If the double counting limits apply, QNECs used in the prior year must be disregarded in the current year.

A

D - Double-counting limits may apply to a plan that uses shifting techniques to satisfy ACP testing. If certain conditions are satisfied, all or a portion of the eligible employees’ elective deferrals may be included in the ACP test. Elective deferrals that are shifted to the ACP are disregarded when computing an employee’s ADR for the ADP test. They may not be counted twice.

The double-counting limits also apply after there is a switch from using the current year testing method in one plan year to the prior year testing method in the next plan year.

When a plan switches from using current year testing in one year (“Plan Year 1”) to using prior year testing in the next year (“Plan Year 2”), the NHCE data from Plan Year 1 is being used twice for testing purposes: once to run the test for Plan Year 1 and again to run the test for Plan Year 2, because the prior year testing method is used for that year.

Prior year data must be adjusted to disregard QNECs used in the Plan Year 1 testing before the data are used in Plan Year 2 under the prior year testing method to avoid double-counting the QNECs. However, any QNECs not used in the ADP test for Plan Year 1 may be used in the ADP test in Plan Year 2. (Syllabus Topic 4)

220
Q

All of the following are content requirements for a 401(k) safe harbor notice, EXCEPT:

A. The contribution formula under the plan

B. The plan to which the safe harbor contributions will be made

C. The withdrawal and vesting provisions applicable to the contributions

D. The amount of the fidelity bond covering the plan assets

E. The type and amount of compensation that may be deferred under the plan

A

D - Fidelity bond information is not a requirement in a 401(k) safe harbor notice. (Syllabus Topic 5)

221
Q

All of the following statements regarding safe harbor 401(k) plans are TRUE, EXCEPT:

A. The safe harbor nonelective contribution may be used to satisfy a plan’s permitted disparity contribution formula.

B. Safe harbor contributions may be made for HCEs.

C. Safe harbor contributions must be made for eligible NHCEs.

D. A plan is not permitted to require employment on the last day of the plan year in order to receive the safe harbor nonelective contribution.

E. A plan is not permitted to require 1,000 hours of service in order to receive the safe harbor nonelective contribution.

A

A - The safe harbor nonelective contribution may not be used to satisfy a plan’s permitted disparity contribution formula. (Syllabus Topic 5)

222
Q

All of the following statements regarding 401(k) safe harbor plans are TRUE, EXCEPT:

A. A new plan may not be a safe harbor plan for the first plan year unless the first plan year is at least six months long.

B. The safe harbor nonelective or matching contribution may be made to a different plan.

C. The distribution restrictions that apply to elective deferrals also apply to participant withdrawals of safe harbor contributions.

D. A safe harbor matching contribution must be made no later than 12 months after the close of the plan year.

E. A plan may be amended to discontinue a safe harbor matching contribution for the rest of the plan year and run ADP/ACP testing for that year instead.

A

A - As a general rule, a new plan may not be a safe harbor plan for the first plan year unless the first plan year is at least three months long and the 401(k) arrangement is in effect for at least three months for that first year.

The other statements regarding safe harbor plans are true. The safe harbor nonelective or matching contribution can be made to a different plan and must be made no later than 12 months after the close of the plan year. The distribution restrictions that apply to elective deferrals also apply to participant withdrawals of safe harbor contributions. A plan may be amended to discontinue a safe harbor matching contribution for the rest of the plan year and run ADP and ACP testing for that year instead. (Syllabus Topic 5)

223
Q

All of the following are matching contribution formulas that satisfy the ACP safe harbor, EXCEPT:

A. Matching 100% of the first 6% of compensation deferred

B. Matching 100% of the first 3% of compensation deferred, plus 75% of the next 2% of compensation deferred

C. Matching 200% of the first 3% of compensation deferred

D. Matching 100% of the first 4% of compensation deferred, plus 50% of the next 1% of compensation deferred

E. Matching 50% of the first 10% of compensation deferred

A

E - To qualify for the ACP safe harbor, the matching formula must satisfy certain conditions.

Matching contributions may not be made with respect to elective deferrals in excess of six percent of compensation. This does not mean that the amount of matching contributions is limited to six percent of compensation. It means that, in determining the amount of a participant’s matching contributions, elective deferrals that are in excess of six percent of compensation must be disregarded.

The matching formula cannot provide a higher rate of match as the participant’s rate of elective deferrals or after-tax employee contributions increases. The matching contributions made for any eligible HCE at any rate of elective deferrals cannot be greater than that for any eligible NHCE who contributes at the same rate.

Matching 50% of the first 10% of compensation deferred does not satisfy the ACP safe harbor requirements because it matches more than 6% of compensation deferred. (Syllabus Topic 5)

224
Q

Based on the following information, determine the amount of the basic safe harbor matching contribution to the safe harbor 401(k) plan:

Part Comp ElectDef

A $100K $12K

B $85K $0

C $70K $2.8K

D $30K $1.5K

A. $ 6,000

B. $ 7,650

C. $ 8,000

D. $ 8,550

E. $16,300

A

B - The basic safe harbor matching contribution is 100% of the first 3% deferred and 50% of the next 2% deferred. It totals $7,650 ($4,000 + $0 + $2,450 + $1,200).

Deferral % Match

A 12% ($12,000 / $100,000) $4,000 ($100,000 * 4%)

B 0% $ 0

C 4% ($2,800 / $70,000) $2,450 ($70,000 *3.5%)

D 5% ($1,500 / $30,000) $1,200 ($30,000 * 4%)

(Syllabus Topic 5)

225
Q

Which of the following matching formulas satisfy the ACP test safe harbor?

I. A fixed matching contribution of 300% on the first 4% of compensation deferred.

II. A fixed matching contribution of 50% on the first 6% of compensation deferred.

III. A discretionary matching contribution of 100% on the first 5% of compensation deferred.

A. I only

B. III only

C. I and II only

D. II and III only

E. I, II and III

A

C - A discretionary formula that exceeds 4% of compensation will not satisfy the ACP safe harbor. Note the ACP requirements are different from the ADP safe harbor contribution requirements. (Syllabus Topic 5)

226
Q

Which of the following statements regarding investment requirements under ERISA §404(c) is/are TRUE?

I. A plan must provide at least three core investment options.

II. Core investments generally need to be look-through investment vehicles.

III. Each of the core investments must have materially different risk and return characteristics.

A. I only

B. II only

C. I and III only

D. II and III only

E. I, II and III

A

E - All of the statements regarding ERISA §404(c) investment requirements are true.

To pass investment responsibility to the participants, there must be enough investment options to enable participants to have a portfolio that covers different risk and reward characteristics. There must be at least three diversified investment options (core investments) that offer a broad range of investment opportunity. Each of the core investments must have materially different risk and return characteristics. Because the core investment itself must be diversified, the core investment will generally need to be a look-through investment vehicle, such as a mutual fund, common or collective trust fund, guaranteed investment contracts (GICs), bank deposits, or pooled separate accounts maintained by an insurance company. (Syllabus Topic 6)

227
Q

Which of the following statements regarding ERISA §404(c) is/are TRUE?

I. If ERISA §404(c) is satisfied, plan fiduciaries have no fiduciary liability with respect to investment decisions made by plan participants.

II. The frequency rule applies only to core investment options, not to additional investment options intended to comply with ERISA §404(c).

III. If the frequency rule is not satisfied with regard to one investment option, ERISA §404(c) relief may still be available with regard to other investment options.

A. I only

B. II only

C. I and III only

D. II and III only

E. I, II and III

A

C - If a plan complies with ERISA §404(c), plan fiduciaries have no co-fiduciary liability with regard to the investment decisions made by the participants.

The frequency rule requires that the opportunity to give investment instructions must be available with a frequency that is appropriate to the volatility of the investment. The frequency rule applies to all investment options intended to comply with ERISA §404(c).

If the plan fails to satisfy the volatility requirement with respect to a particular investment option, ERISA §404(c) relief is not available with respect to that option. However, ERISA §404(c) relief may still be available with respect to the other investment options for which the frequency requirement is satisfied, so long as the other requirements of ERISA §404(c) are satisfied. (Syllabus Topic 6)

228
Q

Which of the following statements regarding disclosure rules for participant-directed accounts under ERISA §404(a) is/are TRUE?

I. Profit sharing plans with fewer than 100 participants are exempt from participant disclosure rules.

II. ERISA-covered, participant-directed, individual account 403(b) plans are subject to participant disclosure rules.

III. SIMPLE IRA plans are subject to participant disclosure rules.

A. I only

B. II only

C. I and III only

D. II and III only

E. I, II and III

A

B - Small plans with fewer than 100 participants do not qualify for an exception to the disclosure rules for participant-directed accounts under ERISA §404(a). However, Simplified Employee Pensions (SEPs), SIMPLE retirement accounts as defined in IRC §408(p) and non-ERISA 403(b) plans, are not subject to these regulations. (Syllabus Topic 6)

229
Q

Which of the following is/are situations that require a blackout period for a participantdirected plan?

I. Loan availability is suspended for one week.

II. Investment transfers are suspended for two consecutive business days.

III. Distribution availability is suspended for four consecutive business days.

A. I only

B. II only

C. I and III only

D. II and III only

E. I, II and III

A

C - A blackout period does not occur when investment transfers are suspended for two consecutive business days. A blackout period is defined in ERISA to be any period of three or more consecutive business days in which participants are unable to make investment elections or diversify investments, take distributions or obtain loans from the plan. (Syllabus Topic 6)

230
Q

Which of the following is/are investments that satisfy the QDIA requirements?

I. Balanced fund

II. Managed account

III. Target date fund

A. I only

B. II only

C. I and III only

D. II and III only

E. I, II and III

A

E - All of the investments listed satisfy the safe harbor default fund requirements.

Regulations issued by the DOL reflect three types of investments that satisfy the safe harbor requirements for being default options:

  1. Target date - An investment based on a participant’s age, target retirement date, or life expectancy. The funds change their asset mix over time, to reflect the closer retirement maturity and lessening of risk tolerance. A life cycle fund or a targetedretirement date fund would satisfy this requirement.
  2. Demographically-averaged investment - An investment that is consistent with a target level of risk appropriate for participants of the plan as a whole. A balanced fund, which provides for a reasonable mix between debt and equity securities, would satisfy this requirement.
  3. Investment management service - An investment management service arrangement with respect to which a fiduciary allocates the assets of a participant’s account based on the individual’s age, target retirement date or life expectancy. A managed account, under which an investment manager allocates the funds among assets of various types, including those intended for long-term appreciation and those that provide capital preservation, would satisfy this requirement. (Syllabus Topic 6)
231
Q

All of the following statements regarding required disclosures for participant-directed accounts under ERISA §404(a) are TRUE, EXCEPT:

A. They may be provided as part of the plan’s SPD as long as the disclosure timing rules are satisfied.

B. They must contain benchmark information for fixed-return investment alternatives.

C. They must contain benchmark information for variable-return investment alternatives.

D. They may be provided as part of a quarterly employee benefit statement as long as the disclosure timing rules are satisfied.

E. They must contain general information about individual expenses that may be charged to a participant’s account.

A

B - Benchmark information for variable-return investments must be included in the required disclosures for participant-directed accounts under ERISA §404(a), but this information is not required for fixed-income investments.

These disclosures may be provided as part of the plan’s SPD or as part of a quarterly employee benefit statement as long as the disclosure timing rules are satisfied.

The disclosures must contain general information about individual expenses that may be charged to a participant’s account as well as specific information about the expenses actually charged to the participant’s account. (Syllabus Topic 6)

232
Q

All of the following statements regarding permitted disparity under the IRC §401(l) safe harbor are TRUE, EXCEPT:

A. The TWB in effect for the plan year is the TWB in effect at the end of the plan year.

B. The integration level may be equal to the TWB.

C. Base compensation is a participant’s compensation amount up to the integration level.

D. The integration level must be prorated in a short plan year if the plan year compensation is limited to a short period.

E. The integration level may not exceed the TWB.

A

A - The Taxable Wage Base (TWB) in effect for the plan year is the TWB in effect at the beginning of the plan year.

The integration level may be equal to the TWB or it may be any specified amount less than the TWB, but it may not exceed the TWB. If the plan year is a period of less than 12 months, and plan year compensation is limited to that short period, the integration level must be prorated. (Syllabus Topic 7)

233
Q

All of the following statements regarding nondiscrimination testing are TRUE, EXCEPT:

A. Plans may satisfy the general test on the basis of either contributions or benefits.

B. A defined benefit plan that satisfies nondiscrimination on a contributions basis is said to be cross-tested.

C. A defined contribution plan must first satisfy gateway requirements before it can be cross-tested.

D. A rate group consists of an HCE and all other participants who have an allocation rate equal to or less than the HCE’s allocation rate.

E. Nonelective forfeiture allocations are included when determining rate groups.

A

D - Plans may satisfy the general test on the basis of either contributions or benefits, thus, the first statement is true. When a defined contribution plan satisfies IRC §401(a)(4) by testing benefits, or when a defined benefit plan satisfies IRC §401(a)(4) by testing contributions, the plan is said to be cross-tested because it is testing nondiscrimination as if it were the other type of plan.

If a defined contribution plan is going to be cross-tested, it must first satisfy certain gateway conditions. These conditions grant the plan permission to do nondiscrimination testing on a benefits basis.

A rate group consists of an HCE and all other participants who have an allocation rate equal to or greater than the HCE’s allocation rate. Nonelective forfeiture allocations are considered when determining rate groups. (Syllabus Topic 7)

234
Q

Based on the following information, determine the allocation to Participant X:

  • The TWB is $110,100.
  • The integration level is $110,100.
  • Participant X’s compensation for the plan year is $150,000.
  • The employer has elected to make a contribution of 5% of total compensation plus 5% on excess compensation.

A. $ 3,990

B. $ 5,505

C. $ 7,500

D. $ 9,495

E. $13,005

A

D - 5% of total compensation of $150,000 = $7,500

Excess compensation = $150,000 compensation less the integration level of $110,100 = $39,900

5% of excess compensation = $1,995

5% contribution of $7,500 + excess contribution of $1,995 = $9,495

(Syllabus Topic 7)

235
Q

Which of the following statements regarding permitted disparity under the IRC §401(l) safe harbor is/are TRUE?

I. The integration level for participants who enter mid-year is prorated.

II. The integration level may be stated as a percentage, up to 100% of the TWB in effect for the plan year.

III. The integration level may be stated as a dollar amount, up to the TWB in effect for the plan year.

A. I only

B. II only

C. I and III only

D. II and III only

E. I, II and III

A

D - The integration level for participants who enter mid-year is not prorated because the plan year is actually 12 months long.

The integration level may be defined by formula, as a percentage of the current TWB, provided the percentage does not exceed 100% the current TWB. In contrast, the integration level may be stated as a single dollar amount that applies in all plan years, provided the dollar amount does not exceed the current TWB. (Syllabus Topic 7)

236
Q

All of the following statements regarding nondiscrimination testing are TRUE, EXCEPT:

A. Benefits-based testing generally favors younger employees.

B. A defined contribution plan that satisfies nondiscrimination on a benefits basis is said to be cross-tested.

C. General testing divides employees into rate groups and analyzes each rate group separately.

D. Nonelective contributions and forfeiture allocations are considered when determining rate groups.

E. Elective contributions, matching contributions, investment earnings and unrelated rollover balances are not considered when determining rate groups.

A

A - Benefits-based testing generally favors older employees.

The customary way of examining nondiscrimination in a defined contribution plan is to examine the participants’ contribution rates. If a defined contribution plan uses the benefits basis analysis to determine nondiscrimination, it is called cross-testing (i.e., the tester is “crossing” the line between defined contribution and defined benefit plans to use an analysis that is normally used for the other type of plan).

General testing is a method of demonstrating that plan allocations or plan benefits are nondiscriminatory by dividing employees into rate groups, and then analyzing each rate group separately. .

To determine rate groups, a defined contribution plan first must express each participant’s allocation of employer nonelective contributions and forfeitures as an allocation rate (for an analysis on the basis of allocations) or an equivalent benefit accrual rate (EBAR) (for an analysis on a benefits basis). Elective contributions, matching contributions, investment earnings and unrelated rollover balances are not considered when determining rate groups. (Syllabus Topic 7)

237
Q

Which of the following is/are design-based safe harbor allocation formulas?

I. An employer contribution of 75¢ for every hour of service during the plan year

II. An allocation of $500 per participant

III. An allocation of $250 per participant for NHCEs only

A. I only

B. II only

C. I and III only

D. II and III only

E. I, II and III

A

E - A design-based safe harbor plan may allocate the same dollar amount per unit of service (not exceeding one week) performed by the participant during the plan year. An employer contribution of 75¢ for every hour of service during the plan year would satisfy the criteria for a design-based safe harbor formula since the unit of service (i.e., an hour of service), does not exceed one week.

A design-based safe harbor plan may satisfy the uniformity requirement by allocating the same dollar amount to each participant (i.e., per capita contribution). Thus, an allocation of $500 per participant would satisfy the criteria for a design-based safe harbor formula.

Any plan provision that results in a lower allocation for one or more HCEs does not affect the plan’s status as a design-based safe harbor plan, even though such provision does not apply uniformly to all employees. Thus, an allocation of $250 per participant for NHCEs only year would satisfy the criteria for a design-based safe harbor formula. (Syllabus Topic 7)

238
Q

All of the following are design-based safe harbor allocation formulas, EXCEPT:

A. An employer contribution of $5 per week of service in the plan year

B. Pro rata allocation based on points for service and compensation

C. An allocation using permitted disparity under IRC §401(l)

D. An employer contribution of 50¢ for every hour of service during the plan year

E. An allocation of $1,000 per participant for NHCEs only

A

B - A design-based safe harbor plan may allocate the same dollar amount per unit of service (not exceeding one week) performed by the participant during the plan year. Thus, an employer contribution of $5 per week of service in the plan year qualifies as a design-based safe harbor. The dollar amount is uniform and the unit of service does not exceed the limitation of one week.

A design-based safe harbor plan has a method of allocating the employer contributions that provides a uniform allocation, either as a percentage of compensation or a dollar amount. A pro rata allocation based on points for service and compensation does not satisfy the requirements of a design-based safe harbor allocation formula. A uniform points plan that uses a pro rata allocation formula based on a participant’s points, rather than compensation is a non-designed based safe harbor plan.

If a permitted disparity formula, as described in IRC §401(l), is used to allocate the employer contribution, the allocation is deemed to satisfy the uniformity requirement, even though the actual allocation percentages are greater for HCEs. Thus, this allocation formula qualifies as a designbased safe harbor.

A design-based safe harbor plan may allocate the same dollar amount per unit of service (not exceeding one week) performed by the participant during the plan year. Thus, an employer contribution of 50¢ for every hour of service in the plan year qualifies as a design-based safe harbor. The dollar amount is uniform and the unit of service does not exceed the limitation of one week.

Any plan provision that results in a lower allocation for one or more HCEs does not affect the plan’s status as a design-based safe harbor plan, even though such provision does not apply uniformly to all employees. Thus, an allocation of $1,000 per participant for NHCEs only qualifies as a design-based safe harbor. (Syllabus Topic 7)

239
Q

Based on the following information, determine the number of participants included in Participant B’s rate group for general testing under IRC §401(a)(4):

Part Status Allocation Rate

A HCE 15%

B HCE 10%

C HCE 10%

D NHCE 11%

E NHCE 10%

F NHCE 8%

G NHCE 5%

A. One

B. Two

C. Three

D. Four

E. Five

A

E - Rate groups are identified by reference to the rate of each HCE. An HCE’s rate group includes all employees (HCEs and NHCEs) who have an allocation rate or EBAR equal to or greater than the HCE’s rate. In this example, Participant B is an HCE with an allocation rate of 10%. Thus, all HCEs and NHCEs with an allocation rate equal to or greater than 10% are included in Participant B’s rate group. This includes Participant A (15%), Participant B (10%), Participant C (10%), Participant D (11%) and Participant E (10%). There are five participants included in Participant B’s rate group. (Syllabus Topic 7)

240
Q

Which of the following statements regarding cross-testing is/are TRUE?

I. Nondiscrimination may be satisfied on a benefits basis by evaluating projected benefits at retirement.

II. Nondiscrimination may be satisfied on a contributions basis by evaluating contributions and forfeitures allocated during the year.

III. A defined contribution plan that satisfies nondiscrimination testing on a benefits basis is said to be cross-tested.

A. I only

B. II only

C. I and III only

D. II and III only

E. I, II and III

A

E - All of the statements regarding cross-testing are true.

In simplest terms, general testing is a method of demonstrating that plan allocations or plan benefits are nondiscriminatory by dividing employees into rate groups, and then analyzing each rate group separately. Cross testing is a form of general testing.

Under IRC §401(a)(4), a plan may not discriminate in the amount of benefits or contributions provided. Nondiscrimination can be evaluated on the basis of contributions and forfeitures allocated during the year (i.e., on a contributions basis), or on the basis of the projected benefits at retirement (i.e., on a benefits basis). The ability to test under either of these options extends to both defined benefit and defined contribution plans.

The customary way of examining nondiscrimination in a defined contribution plan is to examine the contribution rates of participants. If a defined contribution plan uses the benefits basis analysis to determine nondiscrimination, it is called cross-testing. Similarly, a defined benefit plan that is being tested on the basis of the equivalent contributions is being cross-tested for nondiscrimination. (Syllabus Topic 7)

241
Q

All of the following are design-based safe harbor allocation formulas, EXCEPT:

A. An employer contribution of $1 for every hour of service during the plan year

B. Pro rata based on compensation for the entire plan year for a mid-year plan entrant

C. An employer contribution of $25 per month of service in the plan year

D. Pro rata based on compensation with a contribution limit of $1,000 per participant

E. Pro rata based on compensation earned from the date of participation

A

C - A design-based safe harbor plan may satisfy the uniformity requirement by allocating the same dollar amount per unit of service performed by the participant during the plan year. However, the unit of service may not exceed one week.

An employer contribution of $1 for every hour of service is a design-based safe harbor because the unit of time used to compute the dollar amount does not exceed one week. In contrast, an employer contribution of $25 per month of service is not a design-based safe harbor because the unit of time used to compute the dollar amount allocation exceeds one week.

In a design-based safe harbor plan, contributions for a mid-year plan entrant may be based on compensation for the entire plan year. Alternatively, contributions for a mid-year entrant may be based on compensation for only the portion of the plan year in which the employee is a participant without jeopardizing the plan’s status as a design-based safe harbor.

In addition, a participant’s allocation can be limited to a specified dollar amount without jeopardizing the plan’s status as a design-based safe harbor. (Syllabus Topic 7)

242
Q

Which of the following statements regarding QDROs is/are TRUE?

I. QDROs must be made pursuant to state domestic relations law.

II. QDROs must include the name and last known mailing address of the plan administrator.

III. QDROs must include the alternate payee’s date of birth.

A. I only

B. II only

C. I and III only

D. II and III only

E. I, II and III

A

A - Qualified domestic relations orders (QDROs) are not required to include the name and last known mailing address of the plan administrator or the alternate payee’s date of birth.

A QDRO is a domestic relations order issued by a court or other state-authorized body that provides for the payment of all or a portion of the participant’s benefits to an alternate payee. The order must be a judgment, decree, or order relating to child support, alimony payments, or marital property rights, and which is made pursuant to state domestic relations law.

QDROs must include the name and last known mailing address of the participant and the alternate payee covered by the order, the name of the plan involved, the amount or percentage of the participant’s benefits to be paid to the alternate payee and the number of payments or the period to which the order applies. (Syllabus Topic 8)

243
Q

All of the following statements regarding QJSAs are TRUE, EXCEPT:

A. A joint and 50% survivor annuity provides the surviving spouse a payment equal to 50% of the participant’s payment.

B. A QJSA for an unmarried participant is payable to the participant’s beneficiary.

C. A joint and 100% survivor annuity provides the surviving spouse a payment equal to 100% of the participant’s payment.

D. SEPs are exempt from the QJSA requirements.

E. SIMPLE IRAs are exempt from the QJSA requirements.

A

B - A qualified joint and survivor annuity (QJSA) for an unmarried participant is not payable to the participant’s beneficiary. If the participant is not married, the QJSA is simply a life annuity for the participant’s life. (Syllabus Topic 8)

244
Q

All of the following statements regarding hardship withdrawals are TRUE, EXCEPT:

A. Hardship withdrawals are not allowed from money purchase pension plans.

B. The plan administrator may use a facts and circumstances test to determine if the hardship requirements have been satisfied.

C. Participants receiving a hardship withdrawal are suspended from making elective contributions for a minimum of three months.

D. Profit sharing plans are not required to have the same restrictions on hardship withdrawals that are applicable to 401(k) plans.

E. The hardship withdrawal must be allowed only on account of an immediate and heavy financial need.

A

C - Participants receiving a hardship withdrawal are suspended from making elective contributions for a minimum of six months. (Syllabus Topic 8)

245
Q

All of the following statements regarding distributions are TRUE, EXCEPT:

A. A partial distribution is usually elected in a single sum.

B. In a defined contribution plan, the lump sum is the value of the vested account balance.

C. The period of time over which installment distributions can be made may be based on life expectancy.

D. A defined contribution plan may make payments as an annuity directly from the participant’s account.

E. An installment payment may be for a specific dollar amount each year, with the remaining account balance distributed at the end of the payment term.

A

D - A plan might permit a participant to elect to receive only part of his benefits from the plan. A partial distribution of benefits is usually elected in the form of a single sum.

In a defined contribution plan, the lump sum is the value of the vested account balance as of the valuation date specified in the plan. In a defined benefit plan, the lump sum is the present value of the vested accrued benefit.

An installment distribution is a periodic payment that is made for a specified period of time. The installment period might be a specified number of years or it might be based on a life expectancy period.

The period of time over which installment distributions can be made may be based on life expectancy. In this case, if the participant dies before the end of the life expectancy period, the remaining payments are made to the beneficiary. If the participant outlives the life expectancy, the installment payments stop once the account balance is depleted. In contrast, if a life annuity were paid, the payments would last only as long as the participant is living and would continue beyond the life expectancy period if the participant lived longer than expected.

A defined contribution plan may not make payments due under an annuity directly from the participant’s account because the account balance is subject to investment fluctuations and the annuity must be able to guarantee a stream of payments for the relevant life or lives. If an annuity is paid from a defined contribution plan, an annuity contract is purchased from an insurance company so that payments can be properly guaranteed. Annuity contracts may be held by the plan with the plan acting as a conduit by receiving payments from the insurer and transmitting them to the participant or annuity contracts may be distributed to the participant, who will then receive the annuity payments directly from the insurance company.

An installment payment election might provide for a specific dollar amount (e.g., $10,000 per year) to be distributed, with any remaining balance distributed at the end of the payment term. In contrast, an installment payment election might provide for a specific dollar amount payment (e.g., $1,000 per month), without a specified installment period. Under this latter method, the payments would continue until the vested account balance is fully distributed. (Syllabus Topic 8)

246
Q

Based on the following information, determine the amount of the RMD:

  • The participant’s required beginning date is April 1, 2013.
  • The participant’s account balance as of 12/31/11 was $345,000.
  • The participant’s account balance as of 12/31/12 was $379,000.
  • The life expectancy factor under the uniform lifetime table is 25.6.
  • The life expectancy factor under the joint and last survivor table is 30.
  • The sole beneficiary is the participant’s spouse who is 15 years younger than the participant.

A. $11,500.00

B. $12,633.33

C. $13,018.87

D. $14,804.69

E. $23,000.00

A

A - A required beginning date of April 1, 2013 applies to an RMD for the 2012 plan year and is based on the account balance as of December 31, 2011. Since the sole designated beneficiary is the spouse and the spouse is more than ten years younger than the participant, the life expectancy factor is the joint life expectancy found on the joint and last survivor table. The RMD is $11,500 ($345,000 / 30). (Syllabus Topic 8)

247
Q

Based on the following information, determine the required beginning date for an RMD to

Participant A:

  • Participant A has no ownership interest in the company.
  • Participant A was born on July 19, 1939.
  • Participant A separates from service on February 1, 2011.

A. January 19, 2010

B. April 1, 2010

C. April 1, 2011

D. December 31, 2011

E. April 1, 2012

A

E - The required beginning date for a participant who is not a 5% owner is the later of April 1 following the end of the calendar year in which the participant attains age 70½ or retires. Participant A attains age 70½ on January 19, 2010. However, Participant A did not separate from service until February 1, 2011. The calendar year in which Participant A retired ended on December 31, 2011 so the required beginning date is April 1, 2012. (Syllabus Topic 8)

248
Q

All of the following statements regarding deemed distributions are TRUE, EXCEPT:

A. A deemed distribution is subject to the 10 percent tax on early distributions.

B. The account balance of the participant may not always reflect an immediate reduction of a deemed distribution.

C. A deemed distribution is an eligible rollover distribution.

D. A deemed distribution does not erase the participant’s obligation to repay the loan.

E. A deemed distribution is reported on Form 1099-R as a taxable event to the participant.

A

C - When a loan (or portion of a loan) becomes taxable because it fails to satisfy the IRC §72(p) rules, the distribution is a deemed distribution for tax purposes. A deemed distribution is subject to the same tax rules as an actual distribution from the plan. The amount deemed to be distributed is includible in gross income, is subject to the 10 percent tax on early distributions and is reported on Form 1099-R as a taxable event to the participant.

The account balance of the participant may not always reflect an immediate reduction of a deemed distribution. Because the deemed distribution may not be treated as an actual distribution until there is an offset, the value of a participant’s account balance in a defined contribution plan must reflect the continued existence of the loan.

A deemed distribution is not an eligible rollover distribution. (Syllabus Topic 10)

249
Q

All of the following statements regarding loan refinancing are TRUE, EXCEPT:

A. The interest rate on the replaced loan is used when determining the terms of the replacement loan.

B. The replaced loan is considered repaid after the refinancing transaction is completed.

C. The 50 percent loan limit under IRC §72(p) must be redetermined as of the date of refinancing.

D. More than one loan may be replaced during a refinancing transaction.

E. A replaced loan is one that is refinanced.

A

A - With loan refinancing, an existing loan (or more than one existing loan) is replaced by a new loan. The loan being replaced is treated as repaid after the refinancing transaction is completed.

The loan being refinanced is referred to as the replaced loan. The new loan resulting from the refinancing transaction is referred to as the replacement loan.

The interest rate on the replaced loan is not used when determining the terms of the replacement loan. Instead, the interest rate on the replacement loan is determined as of the date of refinancing.

The 50 percent loan limit must be re-determined to take into account the participant’s vested accrued benefit as of the date of the refinancing. (Syllabus Topic 10)

250
Q

Based on the following information, determine the maximum loan amount available for a new loan to Participant A on January 1, 2012:

  • Participant A is not a participant in any other plans.
  • All required loan payments have been made timely.
  • No other loans have been taken during 2011.
  • The plan allows for multiple loans.

Vested account balance as of 1/1/2012 including outstanding loan balance: $102K

Outstanding loan balance on 1/1/2012: $45K

Outstanding loan balance on 1/1/2011: $50K

A. $0

B. $4,000

C. $5,000

D. $6,000

E. $10,000

A

A - The maximum loan amount available for a new loan to Participant A on January 1, 2012 is $0. When a new loan is made to a participant, the $50,000 limit is reduced by the repaid loan amount during the last 12 months. The repaid loan amount is the highest loan balance in the prior 12-month period, reduced by any outstanding loan balance at the time of the new loan. The general effect of this rule is to limit the total principal amount lent during any 12-month period to $50,000. Because Participant A borrowed $50,000 within the past 12 months, $0 is currently available for a new loan.

We could also go through the steps of determining amounts available for loan: (See DC_2_Spring 2014_Topic 10_Quiz_Q_A.doc)

251
Q

All of the following statements regarding participant loans are TRUE, EXCEPT:

A. Loans must be adequately secured by 100% of the participant’s benefit.

B. Participant loans are taxed as distributions if they fail to satisfy the requirements of IRC §72(p).

C. Loans must be repaid in substantially equal installments made not less frequently than quarterly over the term of the loan.

D. A participant may be allowed to take more than one loan from a plan at a time.

E. Spousal consent may be required for participant loans.

A

A - The loan may be secured by no more than 50% of the participant’s vested accrued benefit. (Syllabus Topic 10)

252
Q

All of the following statements regarding ASPPA’s Code of Professional Conduct are TRUE, EXCEPT:

A. A credentialed ASPPA member may be subject to disciplinary action by ASPPA if the member is found guilty of a felony that is not financially-related.

B. Working for clients who have conflicting interests is not permissible even if full disclosure is made and both clients are willing to continue the relationship.

C. An ASPPA member may not perform professional services if the member has reason to believe that the services may be used to evade the law.

D. Openly criticizing and insulting another benefits professional when speaking to a client violates ASPPA’s Code of Professional Conduct.

E. Precautions should be taken to ensure that work-related materials are clear to the intended audience and other foreseeable audiences.

A

B - According to ASPPA’s Code of Professional Conduct, working for clients who have conflicting interests is acceptable if the member’s ability to act fairly is unimpaired, full disclosure is made and both clients agree to continue the relationship.

An ASPPA member who pleads guilty to or is found guilty of any financially related misdemeanor or any felony (regardless of the nature of the crime) is in violation of the professional integrity portion of ASPPA’s Code of Professional Conduct and will be subject to ASPPA’s counseling and disciplinary procedures.

Performing professional services if the member has reason to believe that the services may be used to evade the law is in violation of the “control of work product” portion of ASPPA’s Code of Professional Conduct. The section also indicates that precautions should be taken to ensure that work-related materials are clear to the intended audience and other foreseeable audiences.

Openly criticizing and insulting another benefits professional when speaking to a client is a violation of the “courtesy and cooperation” portion of ASPPA’s Code of Professional Conduct which states that an ASPPA member shall perform professional services with courtesy and shall cooperate with others in the principal’s interest. (Syllabus Topic 11)

253
Q

All of the following actions by an ASPPA member are violations of ASPPA’s Code of Professional Conduct, EXCEPT:

A. Processing a participant hardship withdrawal in a careless manner without gathering sufficient information

B. Providing a client with Form 5558 (Application for Extension of Time) to file along with the plan’s Form 5500, knowing that Form 5558 was not timely filed with the IRS

C. Telling a new client that their prior plan administrator does sub-standard work and has the ugliest receptionist that you have ever seen

D. Being convicted of misdemeanor fraud related to a financial matter

E. Telling a client during a plan takeover case that you disagree with the prior plan administrator’s top-heavy determination

A

E - Telling a client during a plan takeover case that you disagree with the prior plan administrator’s top-heavy determination is not a violation of ASPPA’s Code of Professional Conduct, which recognizes that differences of opinion among benefits professionals may arise and indicates that discussion of such differences should be conducted objectively and with courtesy.

Processing a participant hardship withdrawal in a careless manner without gathering sufficient information and providing a client with Form 5558 (Application for Extension of Time) to file along with the plan’s Form 5500, knowing that Form 5558 was not timely filed with the IRS are both actions that violate the “professional integrity” section of ASPPA’s Code of Professional Conduct, which indicates that professional services should be performed with honesty, integrity, skill and care.

Telling a new client that their prior plan administrator does sub-standard work and has the ugliest receptionist that you have ever seen violates the “courtesy and cooperation” section of ASPPA’s Code of Professional Conduct, which recognizes that differences of opinion among benefits professionals may arise, but calls for a discussion of such differences to be conducted objectively and with courtesy.

Being convicted of a misdemeanor related to financial matters or any felony (regardless of the nature of the crime) is a violation of the “professional integrity” section of ASPPA’s Code of Professional Conduct and may result in disciplinary action by ASPPA. (Syllabus Topic 11)

254
Q

Based on the following information, which of the following actions is/are acceptable in accordance with the ASPPA Code of Professional Conduct?

  • Today is the initial, unextended filing deadline for XYZ Corporation’s Form 5500.
  • XYZ Corporation’s insurance company has failed to provide the insurance information necessary to complete Schedule A.
  • XYZ Corporation has provided all of the other necessary data to complete the Form 5500 filing.

I. Provide the client with Form 5500 to file and remind the client that you did not have sufficient data to complete Schedule A.

II. Wait for the insurance company to provide the needed data without reminding the client of the filing deadline or mentioning that they may be fined for a late filing.

III. Offer to assist the client with filing Form 5558 in order to extend the Form 5500 filing deadline.

A. I only

B. II only

C. I and III only

D. II and III only

E. I, II and III

A

C - Simply waiting for the insurance company to provide the needed data without reminding the client of the filing deadline or mentioning that they may be fined for a late filing lacks the professional integrity required by ASPPA’s Code of Professional Conduct. (Syllabus Topic 11)

255
Q

Is the following statement about 401(k) plans True or False?

The plan may provide that an employee must complete at least one year of service prior to being eligible to make elective deferrals.

A

True

256
Q

Is the following statement about 401(k) plans True or False?

The plan may provide that if an employee does not complete at least 1,000 hours of service during a plan year, the participant’s elective deferrals will be returned for that plan year.

A

False

257
Q

Is the following statement about 401(k) plans True or False?

The plan may provide that an employee must complete at least two years of service prior to being eligible to share in 100% vested employer matching contributions.

A

True

258
Q

Is the following statement about 401(k) plans True or False?

The plan may provide that an employee must complete at least 1,000 hours of service during a plan year in order to share in matching contributions for that year.

A

True

259
Q

Is the following statement about 401(k) plans True or False?

The plan may not condition the allocation of a QNEC upon whether the employee made elective deferrals.

A

True

260
Q

Is the following statement regarding elective deferrals True or False?

Excess deferrals are corrected by distributing them from the plan.

A

True

261
Q

Is the following statement regarding elective deferrals True or False?

Excess deferrals must be adjusted by allocable earnings.

A

True

262
Q

Is the following statement regarding elective deferrals True or False?

To avoid double taxation, the deadline for correcting excess deferrals is April 15th of the next calendar year.

A

True

263
Q

Is the following statement regarding elective deferrals True or False?

The deadline for correcting excess deferrals may be extended if the individual extends the filing of their tax return.

A

False

264
Q

Is the following statement regarding elective deferrals True or False?

Excess deferrals are reported as taxable income.

A

True

265
Q

Is the following statement regarding safe harbor 401(k) plan notices True or False?

An employee who becomes eligible mid-year must receive the notice no later than his/her date of eligibility.

A

True

266
Q

Is the following statement regarding safe harbor 401(k) plan notices True or False?

The notice requirement is met if given by the first day of the plan year for a new 401(k) plan.

A

True

267
Q

Is the following statement regarding safe harbor 401(k) plan notices True or False?

Failure to provide the safe harbor 401(k) plan notice is considered a document failure.

A

False

268
Q

Is the following statement regarding safe harbor 401(k) plan notices True or False?

The employer may reference the plan’s SPD regarding some of the notice content requirements.

A

True

269
Q

Is the following statement regarding safe harbor 401(k) plan notices True or False?

The safe harbor notice must be written in a manner that is calculated to be understood by the average participant.

A

True

270
Q

Is the following statement regarding coverage testing in a 401(k) plan True of False?

When testing the 401(m) component, a participant is considered benefiting if he would be eligible to receive a matching contribution had he made elective deferrals.

A

True

271
Q

Is the following statement regarding coverage testing in a 401(k) plan True of False?

Mandatory disaggregation means the 401(k) and the 401(m) components of the plan are tested as if they were separate plans.

A

True

272
Q

Is the following statement regarding coverage testing in a 401(k) plan True of False?

When testing the 401(m) component, terminated participants with less than 500 hours of service may be able to be excluded from the coverage testing group.

A

True

273
Q

Is the following statement regarding coverage testing in a 401(k) plan True of False?

The 401(k) component of a plan may satisfy coverage requirements using the average benefit test.

A

True

274
Q

Is the following statement regarding coverage testing in a 401(k) plan True of False?

The participants included in the coverage testing group are always the same for the 401(k) and 401(m) components of the plan.

A

False

275
Q

ERISA 404(c) requires the following document be provided to participants upon their request, True or False?

The current value of the participant’s or beneficiary’s interest in the investment option

A

True

276
Q

ERISA 404(c) requires the following document be provided to participants upon their request, True or False?

Accounting of administrative fees paid by the plan sponsor

A

False

277
Q

ERISA 404(c) requires the following document be provided to participants upon their request, True or False?

Prospectuses for each investment option

A

True

278
Q

ERISA 404(c) requires the following document be provided to participants upon their request, True or False?

Past investment performance data for each investment option

A

True

279
Q

ERISA 404(c) requires the following document be provided to participants upon their request, True or False?

Annual operating expenses for each investment option

A

True

280
Q

The following is an element of a QDRO, True or False?

Name of the participant

A

True

281
Q

The following is an element of a QDRO, True or False?

Name of the plan involved

A

True

282
Q

The following is an element of a QDRO, True or False?

Number of payments or the period to which the order applies

A

True

283
Q

Is the following statement regarding QJSA True or False?

A joint and 50% survivor annuity provides the surviving spouse a payment equal to 50% of the participant’s payment.

A

True

284
Q

Is the following statement regarding QJSA True or False?

A QJSA for an unmarried participant is payable to the participant’s beneficiary.

A

False

285
Q

Is the following statement regarding QJSA True or False?

A joint and 100% survivor annuity provides the surviving spouse a payment equal to 100% of the participant’s payment.

A

True

286
Q

Is the following statement regarding QJSA True or False?

SEPs are exempt from the QJSA requirements.

A

True

287
Q

Is the following statement regarding QJSA True or False?

SIMPLE IRAs are exempt from the QJSA requirements.

A

True

288
Q

Is the following statement regarding proper distribution of 401(k) elective deferrals True or False?

A participant may borrow against his accumulated elective deferrals.

A

True

289
Q

Is the following statement regarding proper distribution of 401(k) elective deferrals True or False?

Elective deferrals can be withdrawn as in-service distributions provided that the employee has completed five years of plan participation.

A

False

290
Q

Is the following statement regarding proper distribution of 401(k) elective deferrals True or False?

A participant can elect to receive his elective deferrals upon termination of employment.

A

True

291
Q

Is the following statement regarding proper distribution of 401(k) elective deferrals True or False?

A participant may be entitled to receive in-service distributions of his elective deferrals after attaining age 59½.

A

True

292
Q

Is the following statement regarding proper distribution of 401(k) elective deferrals True or False?

Elective deferrals can be rolled over into an IRA.

A

True

293
Q

Is the following statement regarding deemed distributions True or False?

A deemed distribution is subject to the 10 percent additional income tax on early distributions.

A

True

294
Q

Is the following statement regarding deemed distributions True or False?

The account balance of the participant may not always reflect an immediate reduction of a deemed distribution.

A

True

295
Q

Is the following statement regarding deemed distributions True or False?

A deemed distribution is an eligible rollover distribution.

A

False

296
Q

Is the following statement regarding deemed distributions True or False?

A deemed distribution does not erase the participant’s obligation to repay the loan.

A

True

297
Q

Is the following statement regarding deemed distributions True or False?

A deemed distribution is reported on Form 1099-R as a taxable event to the participant.

A

True

298
Q

Is the following statement regarding designated Roth contributions True or False?

Designated Roth contributions are subject to the IRC §402(g) limit on elective deferrals.

A

True

299
Q

Is the following statement regarding designated Roth contributions True or False?

Designated Roth contributions are not taxed when distributed from a qualified plan.

A

True

300
Q

Is the following statement regarding designated Roth contributions True or False?

A participant may designate all or a part of his elective deferrals as Roth contributions.

A

True

301
Q

Is the following statement regarding designated Roth contributions True or False?

Designated Roth contributions are elective deferrals made on an after-tax basis.

A

True

302
Q

Is the following statement regarding designated Roth contributions True or False?

Designated Roth contributions are tested for nondiscrimination purposes in the ACP test.

A

False

303
Q

Is the following statement regarding shifting techniques True or False?

The elective deferrals of some participants and not others may be shifted to the ACP test.

A

True

304
Q

Is the following statement regarding shifting techniques True or False?

Elective deferrals shifted to the ACP test are not tested in the ADP test.

A

False

305
Q

Is the following statement regarding shifting techniques True or False?

QMACs shifted to the ADP test are not tested in the ACP test.

A

True

306
Q

Is the following statement regarding permitted disparity under the IRC 401(l) safe harbor True or False?

The taxable wage base in effect for the plan year is the taxable wage base in effect at the end of the plan year.

A

False

307
Q

Is the following statement regarding permitted disparity under the IRC 401(l) safe harbor True or False?

The integration level may be equal to the taxable wage base.

A

True

308
Q

Is the following statement regarding permitted disparity under the IRC 401(l) safe harbor True or False?

Base compensation is a participant’s compensation amount up to the integration level.

A

True

309
Q

Is the following statement regarding permitted disparity under the IRC 401(l) safe harbor True or False?

The integration level must be prorated in a short plan year if the plan year compensation is limited to a short period.

A

True

310
Q

Is the following statement regarding permitted disparity under the IRC 401(l) safe harbor True or False?

Excess compensation is the amount by which a participant’s compensation exceeds the integration level.

A

True

311
Q

Is the following statement regarding the election to use the early participation rule for 401(k) plans covering otherwise excludable employees True or False?

The election is permitted only if the employer uses the otherwise excludable employee rule for coverage testing.

A

True

312
Q

Is the following statement regarding the election to use the early participation rule for 401(k) plans covering otherwise excludable employees True or False?

The election means that corrections are made only to the HCEs in the affected testing group.

A

True

313
Q

Is the following statement regarding the election to use the early participation rule for 401(k) plans covering otherwise excludable employees True or False?

The election permits the plan to exclude all NHCEs who have not met one-year of service and/or age 21 requirements from the ADP and ACP tests.

A

True

314
Q

Is the following statement regarding safe harbor 401(k) plans True or False?

A plan is permitted to require employment on the last day of the plan year in order to receive the safe harbor nonelective contribution.

A

False

315
Q

Is the following statement regarding safe harbor 401(k) plans True or False?

Safe harbor contributions may be made for HCEs as well as NHCEs.

A

True

316
Q

Is the following statement regarding safe harbor 401(k) plans True or False?

A matching contribution of 100% of the first 4% of compensation deferred will satisfy both the ADP and ACP test safe harbor contribution requirements.

A

True

317
Q

Is the following statement regarding safe harbor 401(k) plans True or False?

The safe harbor matching contribution may be discontinued during the plan year.

A

True

318
Q

Is the following statement regarding safe harbor 401(k) plans True or False?

A safe harbor 401(k) plan may match elective deferrals that are catch-up contributions.

A

True

319
Q

Is the following statement regarding ERISA 404(c) True or False?

If ERISA §404(c) is satisfied, plan fiduciaries have no fiduciary liability with respect to investment decisions made by plan participants.

A

True

320
Q

Is the following statement regarding ERISA 404(c) True or False?

The frequency rule applies only to core investment options, not to additional investment options intended to comply with ERISA §404(c).

A

False

321
Q

Is the following statement regarding ERISA 404(c) True or False?

If the frequency rule is not satisfied with regard to one investment option, ERISA §404(c) relief may still be available with regard to other investment options.

A

True

322
Q

Is the following statement regarding nondiscrimination testing True or False?

Plans may satisfy the general test on the basis of either contributions or benefits.

A

True

323
Q

Is the following statement regarding nondiscrimination testing True or False?

A defined benefit plan that satisfies nondiscrimination on a contributions basis is said to be cross-tested.

A

True

324
Q

Is the following statement regarding nondiscrimination testing True or False?

A defined contribution plan must first satisfy gateway requirements before it can be cross-tested.

A

True

325
Q

Is the following statement regarding nondiscrimination testing True or False?

A rate group consists of an HCE and all other participants who have an allocation rate equal to or less than the HCE’s allocation rate.

A

False

326
Q

Is the following statement regarding nondiscrimination testing True or False?

Nonelective forfeiture allocations are included when determining rate groups.

A

True

327
Q

Is the following statement regarding eligible rollover distributions True or False?

A hardship withdrawal from a qualified plan is not eligible for rollover.

A

True

328
Q

Is the following statement regarding eligible rollover distributions True or False?

Qualified plans are required to accept rollover contributions.

A

False

329
Q

Is the following statement regarding eligible rollover distributions True or False?

A rollover option is available to the surviving spouse of a deceased participant.

A

True

330
Q

Is the following statement regarding eligible rollover distributions True or False?

A QDRO payment to a former spouse is eligible for rollover.

A

True

331
Q

Is the following statement regarding eligible rollover distributions True or False?

A rollover option is not available on all distributions.

A

True

332
Q

The following participants are included in the ACP test, True or False?

Employees who are eligible to make after-tax employee contributions.

A

True

333
Q

The following participants are included in the ACP test, True or False?

Terminated employees who were eligible to receive matching contributions.

A

True

334
Q

The following participants are included in the ACP test, True or False?

Employees who are eligible to receive matching contributions, but did not make elective deferrals.

A

True

335
Q

Is the following statement regarding the deemed three percent rule True or False?

The deemed three percent rule may apply to ACP testing.

A

True

336
Q

Is the following statement regarding the deemed three percent rule True or False?

A plan may use the deemed three percent rule if it is a successor plan to a prior 401(k) plan.

A

False

337
Q

Is the following statement regarding the deemed three percent rule True or False?

The deemed three percent rule will not apply to a new plan using current year testing.

A

True

338
Q

Is the following statement regarding loan financing True or False?

The interest rate on the replaced loan is used when determining the terms of the replacement loan.

A

False

339
Q

Is the following statement regarding loan financing True or False?

The replaced loan is considered repaid after the refinancing transaction is completed.

A

True

340
Q

Is the following statement regarding loan financing True or False?

The 50 percent loan limit under IRC §72(p) must be redetermined as of the date of refinancing.

A

True

341
Q

Is the following statement regarding loan financing True or False?

More than one loan may be replaced during a refinancing transaction.

A

True

342
Q

Is the following statement regarding loan financing True or False?

A replaced loan is one that is refinanced.

A

True

343
Q

Is the following statement regarding permitted disparity under the IRC 401(l) safe harbor True or False?

The integration level for participants who enter mid-year is prorated.

A

False

344
Q

Is the following statement regarding permitted disparity under the IRC 401(l) safe harbor True or False?

The integration level may be stated as a percentage, up to 100% of the taxable wage base in effect for the plan year.

A

True

345
Q

Is the following statement regarding permitted disparity under the IRC 401(l) safe harbor True or False?

The integration level may be stated as a dollar amount, up to the taxable wage base in effect for the plan year.

A

True

346
Q

Is the following statement regarding 401(k) plans True or False?

An employee may make an election to defer compensation that is currently available.

A

False

347
Q

Is the following statement regarding 401(k) plans True or False?

Participants can have their elective deferral rates automatically increase with future pay increases.

A

True

348
Q

Is the following statement regarding 401(k) plans True or False?

After-tax employee contributions may be found in a 401(k) plan.

A

True

349
Q

Is the following statement regarding 401(k) plans True or False?

Elective deferrals are subject to FICA and FUTA taxes.

A

True

350
Q

Is the following statement regarding 401(k) plans True or False?

A partner can make a deferral election on compensation that is received as draw.

A

True

351
Q

Is the following statement regarding coverage testing in a 401(k) plan True or False?

QNECs are tested as nonelective contributions for coverage purposes.

A

True

352
Q

Is the following statement regarding coverage testing in a 401(k) plan True or False?

Elective deferrals that are shifted to the ACP test are tested in the 401(k) component of the plan for coverage purposes.

A

True

353
Q

Is the following statement regarding coverage testing in a 401(k) plan True or False?

QMACs that are included in the ACP test are tested in the 401(m) component of the plan for coverage purposes.

A

True

354
Q

Is the following statement regarding nondiscrimination testing in a 401(k) plan True or False?

The ACP test must include after-tax employee contributions, if any.

A

True

355
Q

Is the following statement regarding nondiscrimination testing in a 401(k) plan True or False?

Excess deferrals for an HCE are excluded from the ADR calculation.

A

False

356
Q

Is the following statement regarding nondiscrimination testing in a 401(k) plan True or False?

The ADP test can either be satisfied by the 1.25 test or by the 2% spread test.

A

True

357
Q

Is the following statement regarding nondiscrimination testing in a 401(k) plan True or False?

Excess annual additions for an HCE are excluded from the ADR calculation.

A

True

358
Q

Is the following statement regarding nondiscrimination testing in a 401(k) plan True or False?

Excess deferrals for an NHCE are excluded from the ADR calculation.

A

True

359
Q

Is the following statement regarding safe harbor 401(k) plans True or False?

A safe harbor 401(k) plan may be deemed not to be top-heavy if the nonelective contributions are at least 2% of compensation.

A

False

360
Q

Is the following statement regarding safe harbor 401(k) plans True or False?

The safe harbor nonelective contribution may be used in the nondiscrimination testing under IRC §401(a)(4).

A

True

361
Q

Is the following statement regarding safe harbor 401(k) plans True or False?

The employer may adopt a provision that postpones the decision to make a safe harbor nonelective contribution until 30 days before the plan year end.

A

True

362
Q

Is the following statement regarding nondiscrimination testing True or False?

Investment earnings are not considered when determining rate groups.

A

True

363
Q

Is the following statement regarding nondiscrimination testing True or False?

A defined contribution plan that satisfies nondiscrimination on a benefits basis is said to be cross-tested.

A

True

364
Q

Is the following statement regarding nondiscrimination testing True or False?

Benefits-based testing generally favors younger employees.

A

False

365
Q

Is the following statement regarding nondiscrimination testing True or False?

A separate rate group is identified for each HCE.

A

True

366
Q

Is the following statement regarding nondiscrimination testing True or False?

A participant’s EBAR may be adjusted for imputed disparity.

A

True

367
Q

The following individuals must be included in the ADP test when using the current year testing method, True or False?

An eligible part-time employee

A

True

368
Q

The following individuals must be included in the ADP test when using the current year testing method, True or False?

A participant who is suspended from deferring due to a hardship withdrawal

A

True

369
Q

The following individuals must be included in the ADP test when using the current year testing method, True or False?

An active participant who made no elective deferrals due to IRC §415 limitations

A

True

370
Q

The following individuals must be included in the ADP test when using the current year testing method, True or False?

A participant who terminated in a prior plan year

A

False

371
Q

Is the following statement regarding corrective distributions for a failed ADP test True or False?

Corrective distributions are not subject to the 10% additional income tax on early distributions.

A

True

372
Q

Is the following statement regarding corrective distributions for a failed ADP test True or False?

The ADP test may be corrected by allocating a discretionary matching contribution that meets the 401(k) safe harbor plan requirements.

A

False

373
Q

Is the following statement regarding corrective distributions for a failed ADP test True or False?

Participant consent is required for corrective distributions.

A

False

374
Q

Is the following statement regarding safe harbor plan designs under IRC 401(a)(4) True or False?

A safe harbor allocation formula may specify a dollar amount per year of service allocated to each participant.

A

False

375
Q

Is the following statement regarding safe harbor plan designs under IRC 401(a)(4) True or False?

The contribution must be based on IRC §414(s) compensation.

A

True

376
Q

Is the following statement regarding safe harbor plan designs under IRC 401(a)(4) True or False?

Using compensation from a participant’s entry date satisfies the uniform allocation requirement.

A

True

377
Q

The following distribution is exempt from the 10% additional income tax on early distributions, True or False?

A distribution made to a participant’s beneficiary, on account of the participant’s death

A

True

378
Q

The following distribution is exempt from the 10% additional income tax on early distributions, True or False?

A distribution attributable to a participant’s disability

A

True

379
Q

The following distribution is exempt from the 10% additional income tax on early distributions, True or False?

A distribution made to a participant, age 50 who has elected early retirement under the plan

A

False

380
Q

The following distribution is exempt from the 10% additional income tax on early distributions, True or False?

An in-service withdrawal from a profit sharing plan to a participant who has attained age 62

A

True

381
Q

The following distribution is exempt from the 10% additional income tax on early distributions, True or False?

A distribution made to an alternate payee pursuant to a QDRO

A

True

382
Q

Is the following statement regarding automatic enrollment in 401(k) plans True or False?

Automatic enrollment is a requirement in safe harbor 401(k) plans.

A

False

383
Q

Is the following statement regarding automatic enrollment in 401(k) plans True or False?

Employees must receive a notice regarding automatic enrollment.

A

True

384
Q

Is the following statement regarding automatic enrollment in 401(k) plans True or False?

When first eligible to participate, employees automatically defer at a set default deferral rate unless they elect otherwise.

A

True

385
Q

Is the following statement regarding automatic enrollment in 401(k) plans True or False?

The default investment in an EACA must satisfy DOL requirements in order to limit fiduciary liability.

A

True

386
Q

Is the following statement regarding automatic enrollment in 401(k) plans True or False?

Automatic enrollment is sometimes referred to as negative enrollment or negative election.

A

True

387
Q

Is the following a permitted correction method for a failed ACP test, True or False?

Allocating excess aggregate contributions to a suspense account

A

False

388
Q

Is the following a permitted correction method for a failed ACP test, True or False?

Allocating a QNEC to NHCEs only

A

True

389
Q

Is the following a permitted correction method for a failed ACP test, True or False?

Shifting elective deferrals to the ACP test

A

True

390
Q

Is the following a design-based safe harbor allocation formula, True or False?

An employer contribution of $5 per week of service in the plan year

A

True

391
Q

Is the following a design-based safe harbor allocation formula, True or False?

Pro rata allocation based on points for service and compensation

A

False

392
Q

Is the following a design-based safe harbor allocation formula, True or False?

An allocation using permitted disparity under IRC §401(l)

A

True

393
Q

Is the following a design-based safe harbor allocation formula, True or False?

An employer contribution of 50¢ for every hour of service during the plan year

A

True

394
Q

Is the following a design-based safe harbor allocation formula, True or False?

An allocation of $500 per participant for NHCEs only

A

True

395
Q

The following matching contribution formula satisfies the ACP test safe harbor, True or False?

A fixed matching contribution formula of 50% on the first 6% of compensation deferred

A

True

396
Q

The following matching contribution formula satisfies the ACP test safe harbor, True or False?

A fixed matching contribution formula of 25% on the first 9% of compensation deferred

A

False

397
Q

The following matching contribution formula satisfies the ACP test safe harbor, True or False?

A fixed matching contribution of 200% on the first 5% of compensation deferred

A

True

398
Q

Is the following statement regarding hardship withdrawals True or False?

Hardship withdrawals are not allowed from money purchase pension plans

A

True

399
Q

Is the following statement regarding hardship withdrawals True or False?

The plan administrator may use a facts and circumstances test to determine if the hardship requirements have been satisfied.

A

True

400
Q

Is the following statement regarding hardship withdrawals True or False?

Participants receiving a hardship withdrawal are suspended from making elective deferrals for a minimum of three months

A

False

401
Q

Is the following statement regarding hardship withdrawals True or False?

Profit sharing plans are not required to have the same restrictions on hardship withdrawals that are applicable to 401(k) plans.

A

True

402
Q

Is the following statement regarding hardship withdrawals True or False?

The hardship withdrawal must be allowed only on account of an immediate and heavy financial need.

A

True

403
Q

Is the following statement regarding the ADP and ACP testing methods True or False?

A safe harbor 401(k) plan is considered to be using the current year testing method.

A

True

404
Q

Is the following statement regarding the ADP and ACP testing methods True or False?

An employee that was an NHCE in the prior year and an HCE in the current year is reflected in both groups under the prior year testing method.

A

True

405
Q

Is the following statement regarding the ADP and ACP testing methods True or False?

The current year testing method uses NHCE data from the current plan year.

A

True

406
Q

Is the following statement regarding the ADP and ACP testing methods True or False?

The prior year testing method uses the HCE data from the prior plan year.

A

False

407
Q

Is the following statement regarding the ADP and ACP testing methods True or False?

The default testing method under the statute is the prior year testing method.

A

True

408
Q

Is the following statement regarding rollover distribution True or False?

A rollover can be made directly by a plan trustee.

A

True

409
Q

Is the following statement regarding rollover distribution True or False?

A rollover IRA may be used as a conduit to transfer distributions from one qualified plan to another.

A

True

410
Q

Is the following statment regarding rollover distribution True or False?

Rollover to a traditional IRA delays the taxation of the amount rolled over.

A

True

411
Q

Is the following statement regarding distribution True or False?

A partial distribution is usually elected in a single sum.

A

True

412
Q

Is the following statement regarding distribution True or False?

In a defined contribution plan, the lump sum is the value of the vested account balance.

A

True

413
Q

Is the following statement regarding distribution True or False?

The period of time over which installment distributions can be made may be based on life expectancy.

A

True

414
Q

Is the following statement regarding distribution True or False?

A defined contribution plan may make payments as an annuity directly from the participant’s account.

A

False

415
Q

Is the following statement regarding distribution True or False?

An installment payment may be for a specific dollar amount each year, with the remaining account balance distributed at the end of the payment term.

A

True

416
Q

Is the following statement regarding QNECs True or False?

QNECs may not be conditioned on whether a participant defers under the 401(k) arrangement.

A

True

417
Q

Is the following statement regarding QNECs True or False?

QNECs can be used in either the ADP test or the ACP test.

A

True

418
Q

Is the following statement regarding QNECs True or False?

QNECs used in the ADP test may not be used in the ACP test.

A

True

419
Q

Is the following statement regarding participant loans True or False?

Loans must be adequately secured by 100% of the participant’s benefit.

A

False

420
Q

Is the following statement regarding participant loans True or False?

Participant loans are taxed as distributions if they fail to satisfy the requirements of IRC §72(p).

A

True

421
Q

Is the following statement regarding participant loans True or False?

Loans must be repaid in substantially equal installments made not less frequently than quarterly over the term of the loan.

A

True

422
Q

Is the following statement regarding participant loans True or False?

A participant may be allowed to take more than one loan from a plan at a time.

A

True

423
Q

Is the following statement regarding participant loans True or False?

Spousal consent may be required for participant loans.

A

True

424
Q

Does the following investment satisfy the QDIA requirements, True or False?

Balance fund

A

True

425
Q

Does the following investment satisfy the QDIA requirements, True or False?

Managed account

A

True

426
Q

Does the following investment satisfy the QDIA requirements, True or False?

Target date fund

A

True

427
Q

Is the following statement regarding lump sum distributions True or False?

A participant who has attained age 59½ may qualify for a lump sum distribution.

A

True

428
Q

Is the following statement regarding lump sum distributions True or False?

If a participant is still employed by the employer, the balance to the credit includes nonvested amounts.

A

True

429
Q

Is the following statement regarding lump sum distributions True or False?

If a participant has separated from service, the balance to the credit includes vested amounts only.

A

True

430
Q

Is the following statement regarding cross-testing True or False?

Nondiscrimination can be satisfied on a benefits basis by evaluating projected benefits at retirement.

A

True

431
Q

Is the following statement regarding cross-testing True or False?

A defined benefit plan that satisfies nondiscrimination testing on a contributions basis is said to be cross-tested.

A

True

432
Q

Is the following statement regarding cross-testing True or False?

A defined contribution plan that satisfies nondiscrimination testing on a benefits basis is said to be cross-tested.

A

True

433
Q

Is the following statment regarding double-counting limits True or False?

Double-counting limits may not apply in the first year of a new plan.

A

True

434
Q

Is the following statment regarding double-counting limits True or False?

Double-counting limits may apply to a plan that uses shifting techniques to satisfy ACP testing.

A

True

435
Q

Is the following statment regarding double-counting limits True or False?

Double-counting limits may apply to a plan that switches from the current year testing method to the prior year testing method.

A

True

436
Q

Is the following statment regarding double-counting limits True or False?

Double-counting limits may apply to a plan that switches from the prior year testing method to the current year testing method.

A

False

437
Q

Is the following statment regarding double-counting limits True or False?

If the double counting limits apply, QNECs used in the prior year must be disregarded in the current year.

A

True

438
Q

Is the following statement regarding distribution reporting True or False?

Form 945 must be filed each year, even if there was no withholding liability.

A

False

439
Q

Is the following statement regarding distribution reporting True or False?

The amount of federal tax income withheld from a distribution is reported on Form 1099-R.

A

True

440
Q

Is the following statement regarding distribution reporting True or False?

Form 945 reconciles actual deposits with withholding liability.

A

True

441
Q

Is the following statement regarding distribution reporting True or False?

If part of a distribution is directly rolled over and the other part is paid to the participant, two Form 1099-Rs must be prepared.

A

True

442
Q

Is the following statement regarding distribution reporting True or False?

Distributions from governmental 457(b) plans are reported on Form 1099-R.

A

True

443
Q

Is the following statement regarding corrective distribution True or False?

If the HCE has both pre-tax and designated Roth contributions, the designated Roth contributions are always the first to be refunded as excess contributions.

A

False

444
Q

Is the following statement regarding corrective distribution True or False?

If a catch-up eligible HCE has not fully utilized the catch-up limit permitted by the plan, the HCE’s excess contributions must be recharacterized as catch-up contributions up to the remaining catch-up limit.

A

True

445
Q

Is the following statement regarding corrective distribution True or False?

Any nonvested matching contributions treated as excess aggregate contributions are forfeited instead of distributed.

A

True

446
Q

The following is a valid permitted disparity formula for a plan where the integration level is the TWB in effect for the plan year, True or False?

3% of total compensation plus 3% of compensation in excess of the TWB

A

True

447
Q

The following is a valid permitted disparity formula for a plan where the integration level is the TWB in effect for the plan year, True or False?

5% of total compensation plus 4% of compensation in excess of the TWB

A

True

448
Q

The following is a valid permitted disparity formula for a plan where the integration level is the TWB in effect for the plan year, True or False?

6% of total compensation plus 6% of compensation in excess of the TWB

A

False

449
Q

The following is a valid permitted disparity formula for a plan where the integration level is the TWB in effect for the plan year, True or False?

8% of total compensation plus 4.3% of compensation in excess of the TWB

A

True

450
Q

The following is a valid permitted disparity formula for a plan where the integration level is the TWB in effect for the plan year, True or False?

10% of total compensation plus 5.7% of compensation in excess of the TWB

A

True

451
Q

Is the following a design-based safe harbor allocation formula, True or False?

An employer contribution of $1 for every hour of service during the plan year

A

True

452
Q

Is the following a design-based safe harbor allocation formula, True or False?

Pro rata based on compensation for the entire plan year for a mid-year plan entrant

A

True

453
Q

Is the following a design-based safe harbor allocation formula, True or False?

An employer contribution of $25 per month of service in the plan year

A

False

454
Q

Is the following a design-based safe harbor allocation formula, True or False?

Pro rata based on compensation with a contribution limit of $1,000 per participant

A

True

455
Q

Is the following a design-based safe harbor allocation formula, True or False?

Pro rata based on compensation earned from the date of participation

A

True

456
Q

Is the following statements regarding 401(k) plans True or False?

A partner of a partnership can participate in a 401(k) plan.

A

True

457
Q

Is the following statements regarding 401(k) plans True or False?

A profit sharing plan may include a 401(k) component.

A

True

458
Q

Is the following statements regarding 401(k) plans True or False?

A sole proprietor can participate in a 401(k) plan.

A

True

459
Q

Is the following statements regarding 401(k) plans True or False?

A defined benefit plan may include a 401(k) component.

A

False

460
Q

Is the following statements regarding 401(k) plans True or False?

A stock bonus plan may include a 401(k) component.

A

True

461
Q

Is the following statement regarding ASPPA’s Code of Professional Conduct True or False?

An ASPPA member may use membership titles and credentials only in accordance with ASPPA’s Code of Professional Conduct.

A

True

462
Q

Is the following statement regarding ASPPA’s Code of Professional Conduct True or False?

An ASPPA member may not provide a different opinion to a client when another ASPPA member has already provided an opinion or specific recommendation.

A

False

463
Q

Is the following statement regarding ASPPA’s Code of Professional Conduct True or False?

An ASPPA member must take reasonable steps to ensure that material prepared for a client is clearly and fairly presented to minimize the possibility of misinterpretation.

A

True

464
Q

Is the following statements regarding participant loans True or False?

A plan may include a minimum loan of $1,000.

A

True

465
Q

Is the following statements regarding participant loans True or False?

A plan may restrict the availability of loans to parties-in-interest, if desired.

A

True

466
Q

Is the following statements regarding participant loans True or False?

The loan may be secured by no more than 50% of the participant’s vested accrued benefit.

A

True

467
Q

Does the following matching formulas satisfy the ACP test safe harbor, True or False?

A fixed matching contribution of 100% on the first 5% of compensation deferred

A

True

468
Q

Does the following matching formulas satisfy the ACP test safe harbor, True or False?

A discretionary matching contribution of 100% on the first 5% of compensation deferred

A

False

469
Q

Does the following matching formulas satisfy the ACP test safe harbor, True or False?

A fixed matching contribution of 200% on the first 4% of compensation deferred

A

True

470
Q

Are the following participants is/are included in the ACP test, True or False?

Employees who are eligible to make deemed IRA contributions but are not otherwise eligible for the plan

A

False

471
Q

Are the following participants is/are included in the ACP test, True or False?

Employees who are eligible to make after-tax employee contributions

A

True

472
Q

Are the following participants is/are included in the ACP test, True or False?

Employees who are eligible for an allocation of matching contributions

A

True

473
Q

Is the following statement regarding 401(k) nondiscrimination testing are True or False?

If all eligible employees are HCEs, the plan is deemed to satisfy the ADP test.

A

True

474
Q

Is the following statement regarding 401(k) nondiscrimination testing are True or False?

The NHCE ADP is deemed to be 3% in a new 401(k) plan using the current year testing method.

A

False

475
Q

Is the following statement regarding 401(k) nondiscrimination testing are True or False?

A 401(k) plan that benefits only NHCEs automatically satisfies the ADP test.

A

True

476
Q

Is the following statement regarding 401(k) nondiscrimination testing are True or False?

The NHCE ADP is deemed to be 3% in a new 401(k) plan using the prior year testing method.

A

True

477
Q

Is the following statement regarding 401(k) nondiscrimination testing True or False?

The deemed 3% rule may not be used in ACP testing for years the employer does not make a discretionary matching contribution.

A

True

478
Q

Is the following statement regarding distribution reporting True or False?

Form 1099-R must be provided to the participant by January 31st of the year following the year of distribution.

A

True

479
Q

Is the following statement regarding distribution reporting True or False?

Elective deferrals are reported on Form 1099-R annually.

A

False

480
Q

Is the following statement regarding distribution reporting True or False?

A Form 1099-R need not be filed for distributions that are less than $10.

A

True

481
Q

Is the following statement regarding distribution reporting True or False?

The amount of state income tax withheld from a distribution is reported on Form 1099-R.

A

True

482
Q

Is the following statement regarding distribution reporting True or False?

Form 1099-R must be provided to the IRS by February 28th of the year following the year of distribution.

A

True

483
Q

Is the following statement regarding the calculation of an individual’s ADR True or False?

Excess deferrals for an HCE are excluded from the calculation.

A

False

484
Q

Is the following statement regarding the calculation of an individual’s ADR True or False?

Excess deferrals for an NHCE are excluded from the calculation.

A

True

485
Q

Is the following statement regarding the calculation of an individual’s ADR True or False?

Excess annual additions for an HCE are excluded from the calculation.

A

True

486
Q

Is the following statement regarding the calculation of an individual’s ADR True or False?

Excess annual additions for an NHCE are excluded from the calculation.

A

True

487
Q

Is the following statement regarding the calculation of an individual’s ADR True or False?

QMACs for an HCE may be included in the calculation.

A

True

488
Q

Is the following statement regarding ADP and ACP testing methods True or False?

The prior year testing method uses NHCE data from the prior plan year.

A

True

489
Q

Is the following statement regarding ADP and ACP testing methods True or False?

The plan document must specify whether current or prior year testing is used.

A

True

490
Q

Is the following statement regarding ADP and ACP testing methods True or False?

The current year testing method uses the HCE data from the current plan year.

A

True

491
Q

Is the following statement about distributions True or False?

An annuity contract must be purchased to provide annuity payments from a defined contribution plan.

A

True

492
Q

Is the following statement about distributions True or False?

An annuity contract must be purchased to provide installment payments from a defined contribution plan.

A

False

493
Q

Is the following statement about distributions True or False?

The payment methods available to plan participants are set by administrative procedure and need not be stated in the plan document.

A

False

494
Q

Does the following condition need to be satisfied for ERISA §404(c) relief to apply to investments in employer securities, True or False?

The security must be publicly traded.

A

True

495
Q

Does the following condition need to be satisfied for ERISA §404(c) relief to apply to investments in employer securities, True or False?

Trading must be sufficiently frequent.

A

True

496
Q

Is the following statement about distributions True or False?

An annuity contract must be purchased to provide annuity payments from a defined contribution plan.

A

True

497
Q

Is the following statement about distributions True or False?

An annuity contract must be purchased to provide installment payments from a defined contribution plan.

A

False

498
Q

Is the following statement about distributions True or False?

The payment methods available to plan participants are set by administrative procedure and need not be stated in the plan document.

A

False

499
Q

Does the following condition need to be satisfied for ERISA §404(c) relief to apply to investments in employer securities, True or False?

The security must be publicly traded.

A

True

500
Q

Does the following condition need to be satisfied for ERISA §404(c) relief to apply to investments in employer securities, True or False?

Trading must be sufficiently frequent.

A

True

501
Q

Does the following condition need to be satisfied for ERISA §404(c) relief to apply to investments in employer securities, True or False?

All voting rights must pass through to the participants or beneficiaries.

A

True

502
Q

Does the following condition need to be satisfied for ERISA §404(c) relief to apply to investments in employer securities, True or False?

Participants must be notified of the day-to-day financial status of the employer.

A

False

503
Q

Does the following condition need to be satisfied for ERISA §404(c) relief to apply to investments in employer securities, True or False?

An independent fiduciary must be appointed when there is a potential for undue employer influence.

A

True

504
Q

Is the following statement regarding nondiscrimination testing of otherwise excludable employees True or False?

A plan that disaggregates otherwise excludable employees for coverage testing purposes may use the early participation rule for nondiscrimination testing.

A

True

505
Q

Is the following statement regarding nondiscrimination testing of otherwise excludable employees True or False?

Only one ADP test is necessary when using the disaggregated plans testing method for nondiscrimination testing.

A

False

506
Q

Is the following statement regarding nondiscrimination testing of otherwise excludable employees True or False?

A plan that disaggregates otherwise excludable employees for coverage testing purposes may use the disaggregated plans testing method for nondiscrimination testing.

A

True

507
Q

Is the following statement regarding nondiscrimination testing of otherwise excludable employees True or False?

Only one ADP test is necessary when using the early participation rule for nondiscrimination testing.

A

True

508
Q

Is the following statement regarding nondiscrimination testing of otherwise excludable employees True or False?

A 401(k) safe harbor plan may be designed so that the safe harbor contribution is available only to statutory employees.

A

True

509
Q

Is the following statement regarding nondiscrimination testing in a 401(k) plan True or False?

The ACP test must include all eligible participants whether or not they make elective deferrals.

A

True

510
Q

Is the following statement regarding nondiscrimination testing in a 401(k) plan True or False?

The 2% spread test may only be used to satisfy the ADP test or the ACP test, but not both.

A

False

511
Q

Is the following statement regarding nondiscrimination testing in a 401(k) plan True or False?

The ACP test must include after-tax employee contributions, if any.

A

True

512
Q

Is the following statement regarding safe harbor 401(k) plans True or False:

Safe harbor contributions may be made for HCEs as well as NHCEs.

A

True

513
Q

Is the following statement regarding safe harbor 401(k) plans True or False:

The safe harbor nonelective contribution may be used in the nondiscrimination testing under IRC §401(a)(4).

A

True

514
Q

Is the following statement regarding safe harbor 401(k) plans True or False:

The safe harbor nonelective contribution may be used to satisfy a plan’s top-heavy minimum contribution requirements.

A

True

515
Q

Is the following statement regarding safe harbor 401(k) plans True or False:

The safe harbor matching contribution may be discontinued during the plan year.

A

True

516
Q

Is the following statement regarding safe harbor 401(k) plans True or False:

The safe harbor nonelective contribution may be used to satisfy a plan’s permitted disparity formula.

A

False

517
Q

Is the following an acceptable events for which a participant may receive a distribution of 401(k) elective deferrals, True or False?

Complete discontinuance of employer contributions to the plan

A

False

518
Q

Is the following an acceptable events for which a participant may receive a distribution of 401(k) elective deferrals, True or False?

Termination of the plan, if no successor plan is maintained

A

True

519
Q

Is the following an acceptable events for which a participant may receive a distribution of 401(k) elective deferrals, True or False?

In the event of financial hardship

A

True

520
Q

Is the following statement regarding withholding True or False?

Periodic payments are treated as wages for withholding purposes.

A

True

521
Q

Is the following statement regarding withholding True or False?

Unless otherwise elected by the participant, non-periodic payments that are not eligible for rollover are subject to 10% withholding.

A

True

522
Q

Is the following statement regarding withholding True or False?

The portion of an eligible rollover distribution that represents employer securities distributed in kind is not subject to mandatory 20% withholding.

A

True

523
Q

Is the following statement regarding withholding True or False?

Hardship withdrawals are subject to mandatory 20% withholding.

A

False

524
Q

Is the following statement regarding withholding True or False?

Eligible rollover distributions that are directly rolled over are not subject to mandatory 20% withholding.

A

True

525
Q

Is the following statement regarding shifting techniques True or False?

QMACs may only be shifted to the ADP test as a method of correcting a failed ADP test.

A

False

526
Q

Is the following statement regarding shifting techniques True or False?

The elective deferrals of some participants and not others may be shifted to the ACP test.

A

True

527
Q

Is the following statement regarding shifting techniques True or False?

The ADP test must pass before and after elective deferrals are shifted to the ACP test.

A

True

528
Q

Is the following statement regarding shifting techniques True or False?

QMACs shifted to the ADP test are not tested in the ACP test.

A

True

529
Q

Is the following statement regarding shifting techniques True or False?

All or a portion of the QMACs may be shifted to the ADP test.

A

True

530
Q

Is the following a design-based safe harbor allocation formulas, True or False?

Pro rata based on IRC §414(s) compensation

A

True

531
Q

Is the following a design-based safe harbor allocation formulas, True or False?

Allocation of $150 per participant

A

True

532
Q

Is the following a design-based safe harbor allocation formulas, True or False?

An employer contribution of $ 10 per month of service in the plan year

A

False

533
Q

Is the following a design-based safe harbor allocation formulas, True or False?

An employer contribution of $5 for every hour of service during the plan year

A

True

534
Q

Is the following a design-based safe harbor allocation formulas, True or False?

Allocation using permitted disparity under IRC §401(l)

A

True

535
Q

Does the following investment satisfy the safe harbor default fund requirements, True or False?

Life-cycle funds

A

True

536
Q

Does the following investment satisfy the safe harbor default fund requirements, True or False?

Stable value funds

A

False

537
Q

Does the following investment satisfy the safe harbor default fund requirements, True or False?

Balanced funds

A

True

538
Q

Is the following statement regarding catch-up contributions True or False?

Catch-up contributions are not permitted unless the plan has been properly amended to allow for them.

A

True

539
Q

Is the following statement regarding catch-up contributions True or False?

Employees must be notified of their right to make catch-up contributions at least 30 days prior to the beginning of the plan year.

A

False

540
Q

Is the following statement regarding catch-up contributions True or False?

Catch-up contributions made by key employees for the current year are disregarded in determining the highest allocation rate for top-heavy minimum contribution purposes.

A

True

541
Q

Is the following statement regarding catch-up contributions True or False?

Catch-up contributions can occur when a participant’s deferrals exceed a plan imposed limit.

A

True

542
Q

Is the following statement regarding catch-up contributions True or False?

Elective deferrals that exceed the IRC §402(g) dollar limit and cannot be recharacterized as catch-up contributions must be refunded to the plan participant.

A

True