To anyone's knowledge, has the DOL formally or informally indicated that they will relax their no-sharing position on digital IDs so that a plan sponsor may give "power of attorney" to a third party to file the 2009 5500?

Can a plan sponsor charge a participant a "processing fee" for administering participant loans (submitting payments, etc.)? This same plan sponsor charges a "processing fee" for withholding child support payments and wage garnishment orders. If so, does it have to be within a specific guideline?

A Plan Sponsor changed locations from New York to South Carolina in 2009, and also changed Employer Tax Identification Number, and did not inform me as the TPA until after we mailed them their 2009 5500.

The 2009 5500 was never filed by the Plan Sponsor.

What needs to be done now to file the 2009 under the new company that is located ion SC with a new EIN?

A Plan Sponor has the Safe Harbor Non Elective Cont with a follow up Notice election in their Plan Document.

They amended the Plan in November 2009 to elect the 3% Safe Harbor Non Elective Cont for 2009 Only.

The Plan Sponsor just informed me that the company is in a critical stage of survival, and will not have the resources to fund the 3% Safe Harbor Non-Elective option of $35k.

What options does the Plan Sponsor have at this point?

What if they do not make the 3% Safe Harbor Non Elective Contributoon for 2009?

Any guidance is greatly appreciated.

ALEX

Here is an example: A participant participates in 2 plans that must be aggregated under the plan aggregation rules (plan 1 and plan 2). A 409A failure occurs in year X in plan 1 but is not discovered. Years pass and plan 2 is paid out according to its terms. Then the failure is discovered is plan 1 and correction is begun.

Must the plans be aggregated at the time of the failure in year X or at the time of the correction years later?

As a practical matter, to aggreate the plans at the time of the correction is a challenge bc plan 2 has been paid out and is "gone". However to go back and aggregate at the time of the failure seems to be an administrative nightmare.

Thoughts/guidance?

Thanks.

We have a 401(k) Profit Sharing Plan that makes an employer contribution well after the end of the plan year. During the 'waiting' time, we have had a few people take distributions from the plan. This gave them a $0 balance, but when the employer contribution came in, they now have a very small balance in the plan. How does everyone handle that? Can you force it, should you try to contact them before using the same distribution method that they chose before? Thanks!!

FT (2008) = $15,000,000

AVA (2008) = $14,000,000

MRC (2008) = $2,000,000

No COB

So, projected quarterly contribution of $500,000 required in 2009

Plan frozen 12/31/2008

FT (2009)= $16,000,000

AVA (2009)=$17,000,000

PFB (2009)=$0

No quarterly contributions (of $500,000) made 4/15/2009 or 7/15/2009

In August 2009, determined FT and that MRC (2009) =0

Conclusion is no problem as far as late 2009 contributions since 90% of nada is nada.

Any disagreement???

Do unreimbursed medical expenses have to be unforeseeable in order to qualify for a hardship withdrawal under a 457b governmental plan?

I have a plan that was a Multiple ER plan; ie it was adopted by Company A and Company B and no control group or ASG exists between them.

In the past, I have tested the two companies separately for ADP/ACP.

As of October 2009, allt he EEs in Company B work for Company A, Company B no longer exists.

How do I do ADP testing?

Do I everyone together? Do I test them separately up until everyone was working for the same company and then test them together? Test separately for the whole year?

(It would be better for the test if I did them together.)

A client filed the 2009 PBGC Comprehensive Filing using the Alternative Method to calculate the Variable Rate Premium. Box 5 actually making the election was not checked. All the correct boxes were checked on page 2 and the form was filed on a timely basis. I know the PBGC is taking a hard line on this issue. I was just wondering if anyone has had any success in getting PBGC to allow the Alternative Method to be filed in this circumstance (or am i the only one with a client that did not check box 5?). Thanks.

I've looked everywhere but can't find an answer to predicament. Let me explain:

1. I am disabled and have never enrolled in Medicare because I've always been covered by my husband's insurance.

2. My husband lost his job and I enrolled in COBRA

3. That was 10 months ago. Now the COBRA administrator tells me that they're not going to cover me because I'm eligible for COBRA. Not "entitled", which I understand to mean receiving Medicare benefits, but "eligible".

4. I looked into enrolling in Medicare 10 months ago and Medicare said even if I were to enroll during the general enrollment period, I could not receive benefits until the following July.

My question is, can the COBRA administrator do this? Can I really be required to opt into Medicare rather than COBRA?

Thanks so much, I'm really confused on this.

Assume an employer adopted a plan and received a letter on its GUST document. The employer subsequently adopted an EGTRRA volume submitter document and then in late 2009 adopted an EGTRRA prototype document. The employer plans on submitting the Plan for an individual letter by the April 30, 2010 deadline.

As part of the 5307 submission we need to include all documents since the last determination letter, which includes that EGTRRA volume submitter document. Are we required to submit a list of modifications for that EGTRRA volume submitter document when we apply for the individual letter?

Treas. Reg. 1.402-1, Q&A-4© says "The beginning of the 5-taxable-year period of participation is not redetermined fro any portion of an employee's designated Roth account. This is true even if the entire designated Roth account is distributed during the 5-taxable-year period of participation and the employee subsequently makes additional designated Roth contributions under the plan."

So, a participant can withdraw his or her entire designated Roth account balance without restarting the 5-taxable-year period.

The Question: What if that same participant separates from service and withdraws the entire account balance, the account is closed, and then the participant gets rehired and starts contributing to the employer's plan again? Does the 5-taxable-year period start over?

Assume a divorce agreement that provides that Dad maintains hospitalization, major med, dental and vision until emancipation (as defined) unless child attends a post-secondary educational institution. In that case Dad continues to maintain the coverages until the first of he or she reaches age 23, permanently discontinues said education or graduates from said institution.

Will the health reform extension to age 26 modify this type of provision by operation of law or will we have to go in and amend/

any thoughts?

If a DC plan has failed to distribute an RMD, would you enter this on the Schedule I, Line 4L? Or is this really meant to only report distributions that have been requested but not paid, etc.?

In the past, when a plan terminated (say in late 2008 and got all funds disbursed January 2009), I would usually complete the form 5500 for the 2008 plan year on 2008 forms and I would also complete the Final form 5500 for the short plan year 2009 on 2008 Forms.

Since 2009 Form 5500-EZ has not yet been released, and the form 5500-EZ is still allowed to be filed on paper, does anyone know if we can use 2008 Form 5500-EZ for Final plan years filing for 2009?

What about for normal plan years who may file form 5500-EZ?

Most of the information I come across through various sites are geared towards EFAST2 and the 5500 SF. But I am trying all together to avoid e-filing for those clients who are not computer savvy.

Your help is much appreciated.

Thanks.

Cant seem to find any guidance on this? Any help appreciated!

I realize that logic and PPA is a contradiction in terms, but please let me know if i'm correct in following example regarding shortfall amortization charge:

1/1/09 valuation:

FT= 100,000

AVA= 110,000

COB= 15,000

PFB= 0

PV of Prior Charge= 20,000

2008 Amortization Charge= 5,000

Since AVA-PFB > FT, there is no amortization base set up for 2009 year, but since the AVA-PFB-COB < FT, the 5,000 charge does not get wiped out and is again charged for 2009.

But consider that if the 2009 shortfall calculation is followed through we get FT-AVA+PFB+COB= 5,000 shortfall. Since this amount is less than the 20,000 PV of prior charges would otherwise create a shortfall credit for 2009.

So instead of being able to utilize a shortfall credit for 2009 that would have resulted in a lesser cost, because the AVA-PFB > FT, there is no charge (or credit) for 2009 which results in a higher cost than what would have been created if the shortfall calculation could be carried through.

Is my calculation and assumption correct and if so is there logic behind it?? Thanks.

I took over the design and document work for a plan that has a TRA '86 d-letter, but not a GUST II d-letter. For GUST II, it was timely restated using a VS document.

We've restated it for EGTRRA using a prototype document.

I'm considering making an application for an EGTRRA d-letter. In assembling the plan documents since the TRA '86 d-letter, I've noticed that on two of the interim amendments, the VS sponsor signed/dated, but the employer signed but did not date. Also, the date is faint on the GUST II restatement VS adoption agreement, but upon 4X magnification can be discerned (and it was timely).

Should I make an interim amendment failure VCP application due to the lack of dates on the two interim amendments?

(I know of a plan that its TRA '86 restatement docs were signed but not dated, and that resulted in a $3,500 penalty when caught on GUST II d-letter application.)

General TPA habits question...

What do other TPA's provide in communications to HCE's for the coming year in a plan that fails?

e.g. Do they send a list of HCE's to the plan administrator.

or

Do they produce a letter and send directly to the participants?

assume current year testing