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.

I have a situation where a plan has failed their 2009 ADP test with one HCE. Normally, a refund is required and send the HCE his refund check, but this case is somewhat different. Let say his refund is $2k but only has $1k left in his account balance. Why do you ask?? He took two good size hardships in 2009 totalling $38,000. Do I take his current balance out ($1,000) for the refund, or does the hardship cover his full ADP refund?

I have a tax exempt sponsor in CA who wants to exclude union employees from the 403b. The broker states the union employees are covered and deferring under a 401k plan, sponsored by the Labor Union, not the employer. Per the final 403b regs, you can exclude employees who are deferring to a 401k plan of the EMPLOYER.

Has anyone heard of a union sponsoring a plan, rather than the employer? Any ideas on how to exclude these employees from a 403b? The broker claims they are W2 employees of the employer. Not sure how a non employer could withhold deferrals.

Anyone familiar with this scenario?

a plan did not file for 2006, in the past you mail in the 5500 to the dfvc along with the fee, is this still the case or do you mail in the fee and submit the late 5500 electronically now?

My family has medical insurance through my employer using a HDHP and a HSA. The employer contributes $200 into our HSA.

On April 1st, my wife's employer will start contributing $500 toward a FSA.

I have done some research and I do know that my employer and I are not eligible to contribute to the HSA while contributions are going to FSA in the same month. I also know that ineligible HSA purchases are subject to 10% penalty tax.

BUT, what is the penalty to contributing to an ineligible HSA?

Here are my options:

1. Deny the HSA contributing from my employer and except the FSA from my wife's employer. I'm out $1800.

2. Deny my wife's FSA. I'm out $4500.

3. Accept both contributions and cross my fingers. If the HSA penalty for this is the same as ineligible purchases, (I don't know if this is the case), then I will have to pay taxes on the $1800, plus a 10% penalty. BUT, I'm still money ahead over deny the $1800.

So, my main question is, what is the penalty for ineligible HSA contribution? Same as ineligible purchases? Jail time? I can't find this anywhere.

Thanks in advance for all your help.

A plan REALLOCATES forfeitures (i.e. doesn't use them to REDUCE the contribution). The plan is Top Heavy. Client is insisting that the reallocation will REDUCE his minimum Top Heavy contribution. I disagree, and think he still has to make the original contribuiton PLUS reallocate the forfeitures on top of it. True?

Employer entered into a collective bargaining agreement about 10 years ago ("Plan 1"). The same employer entered into another collective bargaining agreement just a few years ago ("Plan 2"). Employer now wants to cease operation under Plan 2. Employer and Plan 2 meet all the conditions under 29 USC 1390.

Question: Can this Employer avoid its withdrawal liability for Plan 2 by using the Free-Look Rule even though Employer has been contributing to the same multiemployer plan for longer than 5 years under Plan 1 (i.e. Employer is not a "new employer" that the Free-Look Rule was intended to encourage to enter a multiemployer plan)?

Thank you.

Would a minimum benefit offered under a pension plan of $200 per month for certain participants be a "protected benefit" under 411(d)(6) which could not be removed by amendment except on a prospective basis?

I just DL'd the new Firefox.

When creating a post, my cursor is not showing. Plus, if I reply with a quote, it only allows me to type infront of the quote /quote box; I cannot edit the quote in any way (ie, delete unwnated portions). Nor can I even place the cursor back into what I typed in my own message to change anything.

Anyone else having this problem? Is it not compatible with this version of IP Board?

BTW, IE works fine.

I have a document vendor who is stating that unless the 403b plan has a matching contribution, the plan document does not have to have HCE elections in it such as the ability to elect top paid group or to use the calendar year in computing the HCE threshold if the plan has an off calendar plan year. In a 403b plan there is no ADP test and so if no match then there is no ACP test.

I have a plan with HCEs and the plan has comp exclusions and employee class exclusions both of which require nondiscrimination testing. The HCE elections do not appear because the plan does not have a match - thus I cannot elect top paid group or calendar year in the plan document. So how does the plan sponsor make the election - is it operational because the plan does not have to specify the elections since there is no ADP or ACP testing? We have to do testing because of the above comp exclusions. The 401k document has the elections because there is always ADP testing to deal with, but he elections go away if the plan is safe harbor.

Any thoughts?

Just a reminder that Sunday is not only "Spring Forward" day,

it's also pi day.

In recognition, maybe we should get up at exactly 3:14:16 to change the clocks. Ya right.

Calendar year 2009 was a plans first year. I understand the Safe Harbor match satisfies the Top Heavy requirement, but what about the plans first year of existence and a integrated profit sharing contribution....generally if a plan is Top Heavy, you have a Top Heavy p.s formula. How is TH determined in the plans initial year or does it not apply since it is safe harbor and you just use the Non-TH profit sharing integrated formula.

Thanks