If the plan excludes a certain group of employees from receiving the employer match, but they are eligible to make employee elective deferrals, can this group be excluded from the ACP test? For these purposes, assume they are full-time employees and would have met all other statutory requirements.

We have partner who would like to postpone deferral on K-1 income till the end of January ... can you provide any guidance on this? Any time limitation on how soon or how late a partner can wait to complete K-1 and make deferral?

Hoping a SEP guru will see this and can point me in the right direction.

Let me first say that I have asked for a copy of the SEP document (page?), but have not yet received it.

We are working with a law firm that has had a SEP for a number of years. All the owners make well over the compensation limit. For 2009, their contribution was about $35,000 for each of the owners. We asked why they didn't receive a maximum contribution since they had indicated that was very important.

The law firm’s accountant is telling them they did max out their SEP because it is 10.7% on first $20,000 and then 15% on remainder for max of $35,770.

I know that an SEP CAN be integrated, but this seems to be a very unusual formula to me. Does this make sense to anyone else?

Thanks.

Does anyone have any support, q&a's etc., for me to support the follow:

If we merge two plans together on Januiary 1, 2011, may we treat the December 31, 2010 plan year as the final 5500 for the Plan that is being eliminated? I have heard Ian Dingwall (Chief Accountant at the DOL) say this on at least one occassion, but thought if I could find something in writing, that would be great.

Thanks,

I have a cash balance plan which for 2009 gave an allocation of 2% to the NHCEs and passed the meaningful benefit test (i'm taking the view of 40% of all nonexcludables get a .5% accrual)... now in 2010, i have to give 2.1% to the NHCEs to pass... do I have to amend the plan for this change? or can I always plan on giving 2% to the Nhces and then if need be to increase the allocation as dictated?

Thanks,

Andrew

A plan has deferral only, but also has loans, so employer involvement, so needs the 5500.

just received a letter from a firm that implied no audit is needed in this situation. (assume large plan, over 100 employees)

I didn't think this was true.

Im having a difficult time getting a judge at San Fernando court, ca to sign off on the QDRO order. I have submitted 3 sets of copies, to the court. The orginal submission was rejected. Why was it rejected? THE JUDGE could not find her place to sign the form. Thats it. The orginal was sent July 12, second October 5th and 11/ 12/ 2010. I contacted the court 12/14/10 and got no answer why this is happening. It just is.

The clerk who took second copy on October 5th highligted where the judge should sign if that ever happens!

>>>>>UPDATE>>>>

12/24/2010 Finally got signed copy. I'm filing a complaint anyway for having to wait 6 Months for a signiture instead of 6 weeks.

Orginal form used from July 12th was mailed back to me by the court and the updated COPY I SUBMITTED AGAIN, the LAST PAGE with place for JUDGE to sign was replaced in the orginal set by some court clerk. Seems like somebody is trying to cover their tracks?

BOTTOM LINE.....it should have NOT taken 6 months to get a Judge's signiture.

Case with plan administrator 02/03/2011. I wonder if this part will take 6 more months to process. The original order did not have the correct p.o. box for Fidelity. I had to purchase certified copy from the court and mail it to Fidelity myself. It has been received.

A participant is a 5% owner and has been receiving RMD from Db plan.

The beneficiary is the adult child.

The participant dies in 2010 at age 83.

The plan provides a non spouse death ben of PVAB.

Say the annuity is 1,000 per year.

Does it make sense that an RMD of 1,000 need be made to deceased for 2010? and then distribute lump sum as a rollover to son? I believe he would have to be taxed by the end of the 5th year.

Thanks.

Law Partnership Ketchum & Cheetum LLC has one employee Eloise.

Eloise works over 1000 hours in 2003 (or any year).

K & C closes it's doors.

Ketchum forms Ketchum LLC. Eloise works less than 1000 hours for 3 years.

If Ketchum LLC forms a 401(k) plan, does Eloise have to be eligible?

Is a participant in a DB plan who has reached 70.5 and begun a period certain annuity to meet RMD requirements, but continues employment and continues accruing benefits still eligible for an insured pre-retirement death benefit, or does the fact that they have started an annuity mean he is no longer considered "pre-retirement"?

I plan on submitting an IDP 401(k) for a cycle E filer in January. The plan was restated in 2009, but there are several amendments that will be attached, including the Roth feature, 415, final 401(k) and (m), PPA/HEART and something else that I can't remember. Is there any reason to restate the plan again to incorporate those amendments within the document, or can those amendments simply be attached?

Employee covers spouse under HDHP. Each are over 55 years of age and eligible for catch-up contributions to HSA.

I understand that the spouse can open separate HSA account and deposit his catch up contribution to his account.

Question is:

Can employee defer from her paycheck, on a pre-tax basis, the amount of her spouse's catch up contribution OR

is she only able to defer from her paycheck, on a pre-tax basis, just her catch up amount and he would have to file for his credit on personal income tax return?

Not sure about the limit reported on her W-2 whether she can defer total catch-up of $2,000 (for both) or if only $1,000 can be deferred and they would have to file Form 8889 for $1,000 for her spouse on their personal income tax return.

Appreciate your help with this one!

Must a church-sponsored health FSA satisfy the Code Section 105(h) nondiscrimination tests?

Facts are that a spouse through a QDRO has a separate account under participant's (who is alive) employer-sponsored plan. I realize that under Treas Reg. 1.401(a)(9)-8, Q&A-6 the APs account is separate from the participant's and RMDs are generally determined according to employee's required beginning date. My question is what happens when the alternate payee rolls the money over to an IRA. Would that money still be subject to the employee's required beginning date or would it now be subject to the alternate payee's beginning date?

Question:

A participant who is over age 70-1/2 and currently taking the required minimum distributions from his qualified profit-sharing plan account each year rolled over everything from the qualified profit-sharing plan account to a Roth IRA in 2010. Must he still take his 2010 required minimum distribution?

Client has an 8/1 -7/31 Plan Year. In October, I got them the PBGC premium payment forms (their auditor reviews). This means I entered the Plan on MYPPA. Now, the client wants to change the Plan Year to a calendar year effective 1/1/2011, so that we have a short plan year 8/1/2010-12/31/2010. I can change the Plan Year ending date on MYPPA but I find no where to prorate the premium by 5/12 and the pro-ration does not appear to apply automatically.

Has anyone been through this that can offer some advice before I spend the better part of my life expectancy trying to resolve this with the PBGC?

Client has a Profit Sharing plan only.

Would like to add 401k feature to plan. One payroll left.

Can ha add 401k?

Can he make it a Safe Harbor 401k?

Why, oh why, does everyone wait until the last possible minute????

Does a Section 125 Premium Only Plan require an amendment for the Patient Protection and Affordable Care Act and the Health Care and Eduction Reconciliation Act of 2010? More specifically, I'm looking at the inclusion of a child or an employee that hasn't attained age 27 in 2010.

A participant in a 401(k) has an old IRA account which consists of non-deductible after-tax contributions and the earnings. She wants to do a Roth conversion of the IRA, but only for the basis and wants to rollover the taxable portion (earnings) to her 401(k) account. The 401(k) does allow for rollovers from IRA accounts, as long as it's otherwise includible in gross income (i.e. no after-tax money allowed). The 401(k) does not have Roth provisions.

For those of you who deal with Roth conversions, does this sound like it would work?

Thanks.

Do we have it yet?