Client Resources

For our pension and profit sharing plan clients, please find below relevant forms, information sheets and other information. Please contact your Plan Administrator if you cannot find what you are looking for in these pages.

In-Service Distribution Election Form

• In-Service Distribution Election Form – Plans Not Subject to QJSA
  Use for distributions not subject to spousal consent *
• In-Service Distribution Election Form – Plans Subject to QJSA
  Use for distributions subject to spousal consent *
  Additionally, the Special Tax Notice must also be provided to a participant receiving an in-service distribution (see Distribution Package Termination of Employment below).

Hardship Distribution Election Forms

• New Hardship Distribution Rules
• • Frequently Asked Questions (for Employers)
  • Hardship Distribution Operational Checklist (for Employers)
    
  • Summary of Changes in Retirement Plan Hardship Distribution Rules (for Plan Participants)
• Hardship Distribution Election Forms – Plans Not Subject to QJSA: use for distributions not subject to spousal consent:*
• • Plan Provides for Roth Deferrals: use if plan allows Roth Deferrals
  • Plan Does Not Provide for Roth Deferrals: use if plan does not allow Roth Deferrals
• Hardship Distribution Election Forms – Plans Subject to QJSA: use for distributions subject to spousal consent:*
• • Plan Provides for Roth Deferrals:use if plan allows Roth Deferrals
  • Plan Does Not Provide for Roth Deferrals: use if plan does not allow Roth Deferrals

Distribution Package Termination of Employment

• Distribution Package Termination of Employment – Plans Not Subject to QJSA: use for distributions not subject to spousal consent*
• Distribution Package Termination of Employment – Plans Subject to QJSA: use for distributions subject to spousal consent*

The applicable Special Tax Notice must also be provided to the participant:

• Special Tax Notice Regarding Plan Distributions (Not Designated Roth Account): for distributions from non-Roth accounts
• Special Tax Notice Regarding Plan Distributions (Designated Roth Account): for distributions from Designated Roth Accounts

If a participant receives a distribution from both non-Roth and Roth accounts, the participant must receive two separate tax notices, one for each type of account.

Beneficiary Designation Package

• Plans Not Subject to QJSA: use for plans not subject to spousal consent*
• Plans Subject to QJSA: use for plans subject to spousal consent*

Plan Loan Forms

– If a participant requests a loan from your plan, please contact your Plan Administrator to obtain the necessary forms.

Census Request Sheet

Important Information Questionnaire (including related group questions)

IRS, Department of Labor and PBGC Audits

Our Attorneys, Actuaries and Plan Administrators represent and assist our clients in any governmental audits of their plans. If you receive notice of an audit of your plan, please contact your Plan Administrator promptly. We have years of experience representing our clients in all types of employee plan audits. We will be with you every step of the way through the audit process.

Please note that the forms referred to above are for informational purposes only and may need to be changed to suit your company’s and plan’s circumstances. If you have any questions, please contact your Plan Administrator.

* If you are uncertain whether your plan has a qualified joint and survivor annuity (QJSA) distribution requirement, the waiver of which requires spousal consent, please contact your Plan Administrator.

For our Trusts & Estates Clients, below you will find relevant forms, information sheets and convenient contact information to reach our staff in this area. Please contact us if you cannot find what you are looking for in these pages.

Forms (Word/PDF docs)

• Crummey Notice One Life
• Crummey Notice Two Lives
• Estate Planning Checklist
• Financial Affairs Summary

Contacts:

• Request copies of your estate planning documents prepared by our firm

For our Healthcare Clients, below you will find links to useful sites. Please contact us if you cannot find what you are looking for in these pages.

Internal Revenue Service, Department of Labor and Pension Benefit Guaranty Corporation Audits

Danziger & Markhoff LLP’s pension attorneys have substantial experience in dealing with audits of qualified retirement plans initiated by the Internal Revenue Service (“IRS”),the Department of Labor (“DOL”) and the Pension Benefit Guaranty Corporation (“PBGC”). Plans may be selected for audit from the computer databases maintained by these agencies either by random selection or based on sets of “confidential” factors determined by government officials. Audits are also generated from complaints forwarded to the IRS, DOL or PBGC by Plan participants. The audits conducted by each of the agencies usually have different focuses covering different matters and requiring special skills to protect the client’s best interests. These audits must be taken seriously since even slight problems have recently been subject to intense scrutiny by auditing agents.

IRS plan audits can result in imposition of taxes and penalties, or the risk of plan disqualification. DOL audits focus on imposing penalties on Plan fiduciaries, and in rare cases, the DOL has begun asserting criminal charges. PBGC audits may occur several years after a Defined Benefit Pension Plan has been terminated, and after all plan assets have been distributed. In these audits, the PBGC will try to impose penalties on Plan fiduciaries many years after a Plan has been terminated. Such audits present a major risk of liability to the plan trustees and fiduciaries, making it important to maintain records for terminated Defined Benefit Pension Plans for extended periods of time after the assets have been distributed.

Our firm’s pension attorneys are experts in dealing with each of the auditing government agencies, and are familiar with the methods used by auditors from these agencies. In the event negotiations are necessary to resolve audit issues, our firm’s name recognition and high reputation in higher levels of these governmental offices frequently enable us to successfully conclude audits with very favorable results. Our firm has successfully represented clients in many such audits whether the plan is administered by our office or by another third party administrator.

If there are any questions regarding these audits, please contact Andrew E. Roth, Esq. at aroth@dmlawyers.com or by phone at (914) 948-1556.