Is there some type of correction for this? During the year the employer deposited all of the PS contribution for the owners but none for the NHCEs under the theory that because the plan has a last day rule the owners will definitely be there on the last day but the other employees might not. We have explained to them that they cannot do this, but it is obviously too late to stop what they did during the year. My question is related to correction. Is this a violation that can be corrected? Is it some kind of BRF perhaps that obviously fails coverage? Fortunately with the market conditions in 2008, earnings were not an issue and we are looking at it for 2009.

Hello. I am new to a small group plan, working in the HR Department. Today I had an employee come to me who technically was eligible for our 401k plan back on October 1. He did not enroll at that time, but now with only 1 month left in the year, decided for tax purposes that he wants to enroll and make a lump sum deduction from his pay for his missed deductions from this quarter. I didn't think that this was possible and that he was just SOL until 1/1/2010. Has anyone ever experienced this before? Any chance anyone can point me to IRS documents to support my ability to tell him one way or another?

Thanks in advance

Eric

Company EFG leases its employees from another company, I guess because they think it is easier to process payroll, non-retirement benefits, etc. (To clarify, EFG had its own employees and then one day turned them over to the leasing company. They are clearly under the control of EFG.) I understand that these people are "leased employees" after a year, and if we want to include them in EFG's plan, we simply include "leased employees" and are done.

But they want to include these employees after 2 months, and we think that we need the leasing company to sign on as an adopting employer in a joinder agreement, specifically referencing employees of EFG so as not to include all of the leasing company's employees.

What do you think, are we headed in the right general direction or is there some other way to do this?

Question is this...

Val date 1-1-09

Funding Target = $ 500,000

Assets = $ 475,000

Phase in percentage 94%

Target Normal Cost =$50,000

What's my minimum contribution?

Has anyone hearch about a possible PPA extension? I understand informally it has been discussed at the IRS. Thanks!

Hi, is anyone concerned about the proposed legislation in H.R. 4126 or is the general consensus that it could never pass?

I hate partnerships. Just needed to say that to start. I've done some seaching but can find anything exactly on point so if this has been covered I'm sorry.

We have a smallish partnership where several of the partners are approaching 70 1/2 for purposes of who is a 5% owner and what comp can be used for benefit pursposes how are "semi-retired" partners treated. That is the partner has no more capital interest and no more profits interest. They are recieving guaranteed payments over a somie time period. The payments are reported as ordinary income on a K-1.

1. Since they have no capital interest and no profit interest are they considered 0% partners for purposes of key, HCE and RMD?

2. They are working though limited hours but receiving large (6 figure) guarnteed payments, can all of that be used for plan purposes since it is considered earned income which looks like it meets the plans definition of includable compensation or is it a violation of the exclusive benfit rule, that is are the partners who are receiving only guarnateed payments considered employees of the partnership? I've read what looks like conflicting guidence in the code and frankly this isn't my area of expertise.

I know what answer the client would like to hear, I'm just not sure it is the correct one.

Any direction would be appreciated.

We have a client with Nationwide, and we are moving their existing loans to the new Nationwide Loan Administration system. Nationwide charges $1 per month per loan (deducted from the participant's account).

Participants with loans have already signed their Loan Agreements, etc. and have paid their set up fees as specified in the paperwork.

Can this new loan fee be tacked on because they are getting these upgrades and functionality (online access/viewing, loan payoff requests, and consolidated quarterly statements)?? Or will this Nationwide fee change the terms of the loan?

Do we have to go through DFVCP and pay the $750?

Can we file with a mea culpa and ask for an abatement of the fee? (The forms were signed on time, but the secretary was out that day and the outgoing mail got all screwed up?

And, if the $750 has to be paid, can they set up a payment plan with the IRS, like, maybe 3 payments of $250 or $100/month?

The answer to this seems obvious to me but a large and prominent COBRA administrator feels differently than I do:

An employee involuntarily terminates employment on December 31, 2009, and loses coverage at the end of that day. If the employee otherwise meets the requirements, can the employee receive the COBRA subsidy?

(This scenario would also apply to employees who involuntarily terminate during December and whose coverage ends until the end of the month.)

A DC plan is a combo plan with a DB plan and has recently been amended to add an optional form of benefit besides lump sum, a QJSA.

If a participant in the plan's spouse will not sign off on the waiver when the participant terminates employment, what options does the participant have if they do not want an annuity option?

Lets assume that the husband and wife are not in any divorce they just disagree????

Is the fact that the benefit is an optional form override any requirement. I understand in the DB plan the QJSA is the normal form of benefit.

Thanks

A surgical practice is an LLC taxed as a partnership. They have a DC plan in which they are maxing out contributions. Each Doctor can decide whether to be on call at the Emergency room of a local hospital and they receive a 1099 personally and report it as Sole Practitioner Earned Income. Can this income be included in the LLC Partnership income? If not, can they make a retirement plan contribution from this income separate from the partnership?

I recently began working for a company that contributes 33% of the premium for employee's health insurance. However, I've learned that in some cases (where the employer felt that the employee couldn't afford insurance and really needed it) they have paid more, sometimes as high as 100% of the premium. This practice is completely discretionary and based on need.

Aside from the obvious morale-crushing impact of others learning of some receiving more of a benefit than others, can anyone tell me if this violates ERISA in any way? While their hearts are in the right place, I feel that an employer can never know everyone's circumstance completely, and should someone's circumstance change (for the better or the worse), how would they know and would adjustments be made? It's just not prudent business practice in my opinion.

I will advise them of my thoughts, however right now I need to know if they are violating any laws or regulations by doing this.

Thanks.

My question is this: No employer contributions have been made during the entire year of 2008 and only $375 of my $1800 for the calender year of 2008 was contributed that had been deducted regularly from each paycheck.

The real problem lies with the fact that my employers are under the impression that the SIMPLE-IRA account set up by them is a 'profit-sharing' program AND since they experienced a 'loss' for 2008, they are under no legal obligation to contribute to my SIMPLE-IRA account. This was not set up as a SIMPLE 401(K) account.

I have contacted representatives of PaxWorld who have told me an 'adoption agreement' was never received from my employer. This form states intent of contributions, salary reduction, and timing of salary reduction election, etc. PaxWorld however set up the account and deposited funds into my account since establishment of Oct. '06 without this form of intent. I feel I don't have any merit to claim this 'missed contribution' because this form was never submitted by my employer.

How do I recover these contributions owed and are there penalities for 'missed deferral oportunity' as written in the IRS Q&A? Is this a Labor Commissions Court case or a Small Claims case?

Is it possible for a safe harbor 401(k) plan currently using a standardized document to switch to a non-standardized document, without that switch triggering a requirement to file for a determination letter (as is required when a change is made to a prototype - standardized or not - that converts it into an individually-designed plan)? The employer is a Cycle D filer. The switch would be prospective, going into effect in caledar/plan year 2010. Thanks.

Can a plan that has adopted a safe harbor 3% in 2009, change the plan specifications to a basic safe harbor matching plan for 2010 without affecting the status of the plan?

Thanks for any guidance you can provide.

Hypothetical: Although furnished by a recordkeeper, a retirement plan’s document isn’t a prototype or volume-submitter document; it’s an “individually-designed” document. The plan changes to a new recordkeeper, which is unwilling to restate the plan’s document. The employer engages a lawyer to restate the retirement plan. The lawyer discovers that the employer never operated the plan according to the plan’s terms, and never tried to do so. The failures were operating the plan according to unwritten provisions that could have been consistent with the Internal Revenue Code and ERISA had the provisions been stated by, or at least not contrary to, the plan’s document. The lawyer tells the employer about opportunities to correct the plan’s tax disqualification, but the employer tells the lawyer that it won’t pursue correction and won’t amend or disaffirm any of the many writings that describe the plan as a tax-qualified plan. Instead, the employer’s chief executive and 100% shareholder instructs the lawyer to do only the task she was engaged for: restate the plan for proper and accurate provisions for the future.

Assuming that the lawyer will not submit an application for an IRS determination, is there any professional-conduct rule that would preclude the lawyer, with her client’s informed consent, from limiting the scope of the lawyer’s work to a drafting job that deliberately sets asides all other issues?

In the absence of an application for an IRS determination, is the drafting job “practice before the Internal Revenue Service” within the meaning of Circular 230?

How might our thinking about professional conduct change if the lawyer is the employer’s representative to present an application for a determination letter?

If the Form 5300 truthfully answers every question, does the practitioner have any duty to tell the IRS that the plan wasn’t tax-qualified in the past?

A participant's spouse received life insurance death benefits from his policy held within the plan. I understand that the difference between the proceeds and the cash surrender value are non-taxable, since PS-58 costs have been paid. The cash surrender value is not being rolled over. My questions are:

1) What is reported on the 1099-R issued by the plan? Just the cash surrender value in the total distribution and taxable distribution amounts (which makes sense since the plan didn't receive and distribute the total death benefit)? Or are the total proceeds reportable as the total distribution, and the cash surrender value reported as the taxable amount?

2) Will the insurance company attempt to report anything on a 1099-R directly, and we should make sure they don't? We're having a difficult time obtaining the cash surrender value at the time of payment from them, which makes me wonder if they don't understand that the plan has to issue the 1099-R.

Thanks

Safe harbor 401(k) plan was established in 2007 for a group of doctors who represented that they were an affiliated service group. Office space and employees are shared. Doctor A is the plan sponsor, Doctor B is an adopting employer.

One doctor wants to make different contributions than the other for 2009. In response to the news that the plan requires them both to do the same thing, they have now decided that they never were an affiliated service group and Doctor B's part of the plan should be spun off into a new plan.

If they truly never were an ASG (which I doubt) what potential problems do we need to fix for the years when unrelated employers participated in the same single employer plan?

I am planning to make a fairly large Roth IRA coversion in early 2010. If I elect to have it taxed in 2010 will I need to make estimated tax payments throughout 2010 on the conversion amount - or can I just pay the tax due on 4/15/2011 when I file my return? If I decide to split the conversion amount over tax years 2011 and 2012, do I need to make estimated tax payments in those years? Thank you.