The DOL website still indicates paper filings. Is that right? We have a new client that has to enter the program for 2004 -2008 filings and pay their $1,500 multiple year cap.

http://www.dol.gov/ebsa/faqs/faq_DFVC.html

Does anyone know the time period employee benefit records should be retained? We have health insurance, life, disability, and 401k records going back many years. It would be great to destroy the old records and free up space. Thank you very much.

Excuse me but is has been a while since I worked on an Offset Arrangement (DB Plan offset by contributions to a DC Plan).

In a DB Plan where there are different benefit formulas for different groups, will I need to pass 401(a)(4) for the DB Plan alone before I apply the offset? Or do I only have to pass 401(a)(4) in a combined arrangement with the DC after the offset is applied?

Thanks for all your help.

Can a participant's account be charged to answer detailed questions? I have a participant who is not a trustee who is asking very detailed questions that require a lot of time to answer. Is there a way to charge this participant's account for this time? It doesn't really seem appropriate to charge the plan sponsor. What else can I do?

Sorry if Tom gets this! One more question. The sponsor has a plan year ending 6/30. For the 6/30/09 plan year, if they do not elect to use the calendar year then they will have an HCE since the 2008 HCE theshold for 2008 is $105,000 vs $100,000 for 2007. Question - is it too late to amend the plan? The 11g deadline is 4/15. I see that PPA requires the top paid group election to be made by end of plan year.

What about the calendar year election?

This is my fisrt post and I am hoping I can get some help/advice on how to get thru the QDRO process. I apologize in advance if my explanation of my situation takes longer than normal.

I just recently got divorced (finalized on 1/25/2010). It states in the court documents/stipulation that I will front the cost of a QDRO in which my ex is entitled to half of my 401k. There's no date or time frame given to when I have to file the QDRO. My attorney doesn't draft QDRO's and he recommend I go to QDROpro.com. As I was doing my research, I noticed that there was information that I was having to provide to get things started (ex-wife's name, address, plan name, etc...) Well, here is where it gets interesting. I e-mailed my HR department needing my plan administrators name since that was on the "checklist" of what I needed to file. I recieved a response back today from my PA and she advised that my 401k account is now frozen from loans and withdrawls.

Well, on the 19th of this month, I was going to request a hardship withdrawl so that I can pay the balance and trust funds to my divorce attorney ($3800). I have requested hardship withdrawals for this purpose twice already since it took forever to finally finalize my divorce. I read that a PA can place a hold on the account but then I read that the PA has to recieve some formal document or court order for them to freeze the account. I have not yet retained a lawyer or actuarial company to draft the QDRO. There has been no paperwork submitted so is it proper for the PA to freeze my account just by me saying that I will be filing a QDRO in the future and merely asking who and where to send the QDRO once its completed? I understand that my ex is entitled to half of my 401k, and I have no issues with that and by all means not requesting a hardship so that she gets less money. We have 4 boys and I want to be able to provide for them the best I can and I know that this money will help them and my ex tremendously. I do however need to pay my attorney for his services and I have no other way without having to take a hardship withdrawal.

If there is anyone that can shed some light on this situation, I would truly appreciate it. Thanks in advance for those that chime in.

Hello

Individual is a participant in a defined benefit plan. She turned 70.5 (1994) while still working for sponsoring employer. As such, she received an in-service pension for about a year until she actually retired around age 73 (1996).

My question:

Which plan document applies to this person? The one when she began receiving a pension payment, or the one when she actually terminated service.

I know the law is that the plan document applicable to a particular participant is the one in effect on their last hour of covered service, but not sure about this situation. Any citations would be wonderful. Thanks everyone!

I keep hearing from the IRS at conferences that the cumulative list won't necessarily list all of the amendments/changes that might be required for a terminating plan. Is anyone aware of any amendment that would be required but that isn't on the most recent cumulative list for a DC plan terminating in April?

My employer terminated our Split Dollar NQDC plan two years ago and last year we recieved payment for our share of the investment. I am still an employee of the company. How should the payment be reported to the IRS. My employer used a 1099-Box 7 which makes me responsible for self-employment tax on the amount. Is this correct? I have gotten several different conflicting opinions that the money should have been reported either as W2 wages or 1099 box 3 income.

A very large multinational conglomerate in the Chicago area is requiring participants in the health plan to mail certified copies of personal documentation to an outsourced location in Florida, stating that these documents are needed to prove eligibility of the participants' dependants. Participants must provide marriage licenses, birth certificates, adoption records, court orders (e.g., for foster children), etc. by sending the documents to a Florida post office box of the outsourced service provider.

Participants are uneasy about sending such personal information to the location, but would not refuse to show the information to a person.

Participants are told that should the records not be sent to the location by May 1st 2010, that the participants' dependents would lose coverage as of June 1, 2010 and would not be entitled to COBRA.

Any advice as to how to proceed in objecting would be appreciated, and any advice as to provisions of ERISA that do not require such measures would also be appreciated.

This company has a history of having violations/loss of employee information through theft or other manner.

Thank you.

The tax software I'm using is saying you can't convert a traditional IRA to a Roth IRA for 2009 to the extent the required minimum distribution for the year hasn't been distributed. I know this was correct for 2010.

Am I wrong, I thought since distributions were not required in 2009 I could still do a partial convert to our Roth. If not ,is my only option to recharacterize? Any other options? Hopefully I'm not wrong.

Could someone please share with me the things that ought to be considered in choosing between the definitions permitted under the 415 regs?

For administative ease, it seems to me that W-2 comp ought to be used since it is an amount that is already going to be calculated and, therefore, readily available, accurate and understood by the sponsor. Is this correct? Is it fair to say that, as a general matter, W-2 comp is typically used by plans unless there is a particular type of remuneration that you want to treat differently than are treated under the W-2 rules and such treatment is permissible under one of the other permitted definitions (e.g., you want distributions from a non-qualified deferred compensation plan excluded from the definition of 415 Comp)?

Thanks in advance for any help and guidance you can provide.

This is an unabashed request for info I probably could find relatively easily myself, but I'll ask the experts . . .

Does electronic filing also apply to EZ filers beginning in 2010?

2004 5500 was due 7/31/05 EBSA reports it received 4/19/07

2005 5500 was due 7/31/06 EBSA reports it received 4/19/07

plan admin has now been assessed 15000, plus 2169.52 interest for 2004 and $6325 plus 914.82 int for 2005 py. Since they have been assessed, it is too late for any of the correction programs?

The plan sponsor received their 5500's at least one month prior to the filing deadline. Looks like they just mailed 2 in at the same time. both late.

any suggestions?

If we request that shares be sold today from a participant account so the ADP refund can be processed did we meet the March 15th deadline? Or does the check actually have to be issued on or before March 15th? In the first scenario the shares would be sold with today's market close but the actual check wouldn't be sent until Wednesday March 17th.

Thanks!

Have the Trustees of a 457(b) plan breached their fiduciary duties by hiring the same firm to handle three plan functions----Record keeper, Investment Provider and Plan Administrator?

A DB Plan provides that the pension cannot be deferred beyond age 65. Participant Dick Putz is given a timely election package. The Company's records show that Dick is unmarried. A year later a legally married wife from whom Dick has been separated pops out of the woodwork demanding that she had never signed off on his election and that the pension should have been distributed under the automatic J&S form, which was a J&100% survivor annuity. It is determined that the separation is not a legal separation whatever the reasons.

Case I

Dick elected and received lump sum payment.

Case II

Dick did not return his election package and so after attempting to communicate with Dick (via telephone and certified mail which is accepted), the Plan started his pension under the life annuity form believing he was unmarried.

Interested in comments from anyone who has experience with situations like this on how the issue was resolved. Is the response any different if say "n" (n>5) years rather than one year has elapsed?

Corporate employer is filing return on March 15th, no extensions. When are the profit sharing contributions due to not be late for deduction purposes? I wiring them on Monday March 15th so they reach the vendor by close of business sufficient?

I would think so, but one consultant thought they possibly had to be allocated in the accounts as of the deadline. I think deposited to the plan is sufficient?

Any thoughts!

A client has a separate written loan policy. They are concerned that if they have to amend the policy, a determination letter will be necessary. 72(p) does not specifically address this and I do not know what to point at to prove that a amendment to a loan policy is an amendment to an administrative policy and, therefore, does not need to be submitted for a determination letter like a amendment to the plan would.

Thank you for your direction.

I'm having an issue with the EBAR for an HCE from the 2008 year to the 2009 year. This particular person was at the comp cap for 08 and 09, made the same amount of deferrals, received the same cash balance contribution except for the difference in the comp. limit, basically the same everything give or take a small amount of money. The EBAR is literally double in 09 and therefore I am failing testing. Several other participants doubled as well and some of their info was almost identical year to year. Has anyone else ran across this with relius? Can anyone give me a hint as to what I might look at? Were there changes that I'm not aware of that would impact the EBAR's the much?

Any help would be greatly appreciated.

Thanks.