some lively discussion on the Q and As in regards to 'otherwise excludables'. we still have no clear guidance on this one, but there was sort of a promise that something would get done in this area. in the past the informal guidance was that you could use maximum exclusion and not worry about the plan's entry dates.
this time there was insistence from the IRS that the plan's entry dates had to be considered. probably the more important issue was whether one could be penalized retroactively for following a procedure that was imformally given an ok. I'm sure we will see more on this one.
........
had a chance to actually meet and talk (if only for a few minutes) Sal 'Mr. ERISA Outline Book' personally.
from time to time I have tripped across a few typos in his book. because of the nature of these typos, the e-mails have been rather interesting - one involved the knights of Ne (or however that is spelled) from Monty Python, and another I had signed the correction from Jethro Bodine and he responded with a thanks from Jed Clampett.
......
It was especially meaningful to me to sit and talk to someone who found one of the custom Relius reports I posted on Benefits Link as being very useful- maybe not in the format I had, but as something they could easily modify for their purposes. one never knows if it is worth the hassle of posting such things.
......
the talk went well, but I almost gagged for a portion of it due to a tickle in the throat. ugh. as for the 'pension' song, well, of course on has to remember humor is individuallistic. it seemed to go well. always great to hear some chuckles during parts of the song.

Cats in the Cradle not by Harry Chapin.

The plan arrived just the other day
The company added a 401(k)
They put in a match, and what can I say
I deferred in the usual way
The cash was growin’ ‘fore I knew it, as I put away
I’d say, “I’ll have a lot some day, yeah
You know I’ll have a lot some day.”


refrain:
And the cat’s in the cradle and the silver spoon,
Little boy blue and the man in the moon.
“When will I retire?, well I don’t know when,
But I’ll have a good time then
You know I’ll have a good time then.

The plan turned 10, just the other day
I said “Thanks for it all, I’m doing okay”
I invested low, now its high today
I’m glad I deferred 10% of pay
As I saved away, my wife her smile never dimmed
Said she “I admire him, yeah,
You know I admire him.”

Refrain

The plan was tested just the other day
It failed ADP in a big time way
They put in a QNEC once in a while
Good news for me I said with a smile
The deferrals were too high for the HCEs
See you later, can I thank them please?

Refrain

I retired just the other day
I was sick of work and the rate of pay
But I said “The 401(k) was such a good find
The money is there and it grew over time”
Well the job it was a hassle, but now I’m free
I recommend you save like me
Recommend you save like me.

Refrain

Priceless, Tom. The Capitol Steps have nothing on you.

Tom, I wish I'd seen the performance. However, with the Christmas season approaching, the best I can do is offer the following composition, which you have my permission to perform at your office party if you are so inclined. To the tune of "The First Noel."

In the rooms, at DOL
The director did say
To certain poor TPA's slaving away
In cubicles where they
Work without any sleep
On the cold Winter evenings with papers piled deep.

DOL, DOL, DOL, DOL
DC disclosures are tricky as He%%.

We looked them up
And heard cries from afar
From TPA's asking "Will this change the SAR?"

And to them all
PPA brought the light
And gave employees
Promise that they'll win the fight.

DOL, DOL, DOL, DOL
DC disclosures are tricky as He%%

And the JCT
Gave writeups for thee
Using gibberish that's contradictory.

DOL, DOL, DOL, DOL
DC disclosures are tricky as He%%

Participant directed investments are free
Or they should be, by golly, in 404©
And the statements required, we'll quarterly make
Using most recent data not easy to fake.

DOL, DOL, DOL, DOL
DC disclosures are tricky as He%%

now that is real cute. too bad ASPPA doesn't run something during the season. that would be cool.
ugh. don't get me started on Christmas. last year I showed up dressed as the Grinch. that sure was a shock to people.
every year I go through a panic, what if they ask me to talk again, cuz then I feel 'obligated' to 'discover' a lost pension song. that ain't easy. Oddly enough, once I decided that Cats in a Cradle had possible potential the verses sort of just matched the actual song and that was real easy.

I have a question for you, Tom, since you are on the Q&A committee. Why on the Q&A handout were most of the questions not answered?

I think there are a couple of things that could explain.
one is that the db questions were tossed into their own session. this means the handout for the big session did not include any of those questions and answers that would have been included in the past. This is something new that is being tried, I think there are a few bugs to iron out in this area - e.g. how much time should the session in front of everyone.
secondly, I included everything that came in.
last year there actually was a 'second set' of questions that weren't answered either. some people got those, some didn't so the amount of unanswered questions was probably about the same.
lastly, the meeting with the IRS officials the month before was cut a little short due to some unforseen meetings that came up that day. believe me, seeing how the whole process works gives me even more admiration for the IRS officials involved.

I am self-employed now, so hopefully my ‘employer’ can afford to send me to the conference next year . I am so jealous of those of you who attend