Lines 6a and 6b are used to report those entitled to a deferred vested benefit. In Part III of the form, these folks are the ones with a Code A.

In 6a and/or 6b, do we also add in anyone from Section III that has a Code D?

If I have 50 total new people to report with a Code A, but also have 50 people previously reported and no longer entitled to a deferred vested benefit, Code D, will 6a and 6b equal 50 or 100?

In the old 5500, line 7i, I used to include the sum of people being reported, Code A and Code D.

I have a little problem with what was to be a series of key-man policies. The group is an LLC with four partners. There are four term policies, one for each partner. Partners went to a tax lawyer and rewrote the operating agreement so a partner automatically loses his interest at death.

Currently set up with the Partners as the owners and the proceeds to be split 50/50 between the company and the deceased's estate with a collateral assignment to protect the company. My confusion is the dual purpose of the life insurance. Any ideas on the most efficient structure with the current policies and can someone suggest the proper taxation to the company and the partners for the intended purpose of the life insurance?

We restated our clients' Sungard volume submitter plan documents in April 2010 (EGTRRA restatement) and submitted each of them to the IRS for a letter of determination. I received an email from Sungard about a PPA restatement by January 31, 2012. I'm confused about whether or not this applies to our plans. Surely we would not need to submit for another LOD this soon.

Is Tri Care considered group health care coverage for purposes of enrolling in an employer's section 125 plan?

As long as the company exists? A small doctors group wants to keep its plan frozen for at least 5 years in order to maintain its insurance policies in the plan.

The plan sponsor met the minimum funding requirement prior to 9/15, but then put in an additional 50k in the plan today towards 2010. I know this 50k can't be put on the 2010 SB, but can it be included on the SF. I think it can. Also, does the 50k (reduced with interest) increase the prefunding balance as of 1/1/2011? again, I think it does and i would show it on the 2011 SB Part II 7(b) with additional explanation attachment. Anything wrong here?

Andrew

I have a plan that had late deposits in 2009 and 2010. They are late by a week or two for some of their deposits.

On the 2010 5500 sch H part IV 4a, question about failure to transmit. Do I have to put the total for both years.

The interest was applied in 2010 for the 2009 late deposits and the 2011 for the 2010 late deposits.

Or do I just included the 2009 contributions that were not deposited until 2010?

Have a group of participants in a 401k that were brought into the plan 4/1 instead of 1/1. None of them contributed when enrolled at 4/1. What is my correction for the missed quarter. A qnec based on the quarters ADP for NHCEs? It's a calendar year plan. I believe that since I'm within the plan year and none elected to contribute there may not be a qnec. Any help appreciated.

Participant received a plan loan and provided the Plan Sponsor with the required documents including spousal consent which was notarized. Now appears that the consent and notarized was a fraud. Participant's spouse is now asking questions.

What should be done to protect the Plan Sponsor and what should they do regarding the made up paperwork?

Many thanks.

A participant wants to rollover her traditional IRA to her employer's 401(k) plan.

The participant has made both deductible and nodneductible contributions to the traditional IRA.

The participant wishes to rollover ONLY the portion of the traditional IRA attributable to her deductible contributions, leaving the amount attributable to her nondeductible contributions (and their basis) behind in the traditional IRA.

Can she do this? Or does any amount distributed from the IRA, even if it is a rollover to a 401(k) plan, have to prorate the distribution between the deductible and nondeductible contributions? What if the 401(k) plan didn't accept rollover contributions of after-tax amounts?

Currently working on a Plan Termination and discovered one of the participants is deceased. This participant terminated in 1993 and since then the plan changed recordkeepers. The participant had no activity on our recordkeeping system. The Plan Sponsor does not have record of this participant’s beneficiary, since it was so long ago.

Mail sent to the last address of record never was returned to sender, so there was no way of knowing he was deceased until we checked the SSDI.

We cannot open an IRA for this deceased participant, since there is no beneficiary information. We would like to close out this plan, but cannot. Any suggestions? Are we able to move the unclaimed property to the state?

Thanks.

Plan sponsor did not amend for EGTRRA and GUST and does not know if he initially adopted a TRA '86 document. My idea was to submit all three documents under VCP as a non-amender. My question is regarding the fee schedule for submission. There are between 51 and 100 participants in the plan. Is the fee $2,500 for all three documents or $2,500 for each document submitted under the program?

Thanks.

Does anyone know what steps are involved for a retirement plan to change TPAs?

I may be getting caught up on a technicality, but I am a sole-proprietor TPA firm. My fees are not like most TPA's. I do not charge to prepare the Form 945 (or 1099's for that matter). But I do prepare the Form 945 and 1099's for a few of my clients. The technicality that I am getting caught up on is "paid preparer". Since I am not technically paid to prepare it, do I still need to file for a PTIN?

Thoughts?

Thanks so much!

Requested verbally family leave to care for ill parent out-of-state. Request denied by immediate supervisor.

Yes, I've met all prerequisites having worked for the firm full-time for over 8 years. Confused!

What recourse do I have?

There's more to the rehired employee question that came up last week. I didn't have all the information then. An employee is rehired after an 11 year separation in September 2008. He was a participant when he left in 1997, but 0% vested. The current plan document (effective date of 10/1/08) says rehired employees who were participants when they left shall enter the plan immediately on the rehire date. The prior document that was in effect when the employee was rehired says that anyone gone 5 years or more shall have to meet the eligibility requirements (1 year of service) again. The current document took over just 3 weeks after the rehire date.

Naturally, the employer's position is that the document that was in effect on the rehire date should prevail. It turns out that the extra year's contribution is several thousand dollars, so I would like to get some thoughts from my peers. Thanks for your help.

8955 SSA What is column for check box after last name?

Can anyone tell me anything?

Is there any benefit to an ER setting up an FSA as opposed to an HRA for employer funding only? Employees will not be contributing at all. My feeling is that if its ER funds only, the plan should be set up as an HRA, but I don't know if this is correct. Any thoughts are appreciated.

Plan is just over 100 participants and is audited.

30-40 EEs will be moving to a new company - but it is part of a controlled group - same identical ownership.

Happening around 10/15.

1. Option 1 would be just to do a participating ER for the Prototype Doc and include all.

2. Option 2 would be to have new plan for the new company that would be identical. Both plans would be under 100 EE's thus avoiding the audit for 2012. Would have to combine testing for coverage. ADP test, top heavy etc.

When transferring the 30 EE's to the new plan - would you have to 100% vest or could you just transfer all of their balance over to the idential plan?

Anything else I need to worry about?

Thanks

Pat

A defined benefit plan sponsor will soon terminate the plan in a standard termination. Currently, the plan does not offer lump sum, other than small benefit cash-out lump sums. The sponsor would like to amend the plan at termination to allow vested terminated participants a limited time "window" opportunity to elect a lump sum distribution. So far, so good.

The issue is whether, in offering the lump sum election, must the vested terms also be allowed to elect a QJSA?

Treas. Reg. section 1.417(e)-1(b)(1) sure seems to require this result -- "A distribution cannot be made at any time in a form other than a QJSA unless such QJSA has been waived by the participant and such waiver has been consented to by the spouse" and "[T]he plan must also offer a QJSA . . . ."

It's certainly the case for an ongoing plan that is amended to offer a permanent or, in my view, a limited time window, lump sum election option.

Thanks.