Hello,

Have a client who is looking for RK and Reporting for a Stock Option Plan. They looked into EasiAdmin, but say they "can't separate RSU's that have multiple delivery dates into separate grants within the system". Can anyone recommend a software (preferably) or a service?

Thanks,

Eric

Background: MN enacted a new law that says employee eligible for the federal COBRA subsidy are also eligible for the MN COBRA subsidy. The state will pay the subsidy directly to the employer or COBRA vendor.

Employers who are required to provide notice under ARRA must include information about the availability of the state subsidy to "qualified individuals" residing in MN. The notice must include the eligibility requirements for the state subsidy and state that the individual must apply to the commissioner of human services to receive the state subsidy.

I have combed the internet and the state's website and have found very little information. There isn't any information under the MN Human Services dept site. I even found a copy of the COBRA notice that the state provides to its own employees and there is no mention of the state subsidy.

Does anyone out there have any insight on this new law? Perhaps model notice language?

If a modification is made to a volume submitter plan (even if minor) is it then considered individually designed? If so, it would seem the plan could be submitted for an individual determination letter. If it were not submitted for an individual DL, that would not necessarily mean you have a disqualified plan correct? It would just mean you could not rely on the volume letter.

Two DB plans are sponsored by different businesses owned by the same family. All participants of both plans are family members and they insist that there are no controlled group or attribution issues. If one plan is an overfunded 1-man plan, can it be merged with the other plan (which is not overfunded) in order to eliminate a potential employer reversion, i.e., use the excess assets from the 1-man plan to help fund the other plan? All help is greatly appreciated.

Having a hard time determining when to file the Schedule R. Instructions read that if Lines 1-8 are NA it should not be filed. So regardless if a plan needs to use the ratio percentage test to prove it satisfies coverage a Schedule R should not be filed? Am I interpreting this right.

Hello,

Have a client who is looking for RK and Reporting for a Stock Option Plan. They looked into EasiAdmin, but say they "can't separate RSU's that have multiple delivery dates into separate grants within the system". Can anyone recommend a software (preferably) or a service?

Thanks,

Eric

Last year we consolidated several good sized plans into a single successor. The final filings for several of those plans had gaps in their SSA schedules.

Specifically, we did not report those participants who had earlier been reported as Adds to the big plan, but which now have to be reported as Deletes to that plan and C's for the new plan.

QUESTION 1: So all that is simple and straightforward, but what raises the question is that there will be about 14,000 D's to the old plan and C's to the new plan. Does anyone have any experience with eFast filing an SSA that is that large?

Question 2: We've had so many unfounded inquiries from former participants, based on letters from the Social Security Administration that we'd like to do a final sweep, coding D for all past distributions to make sure that we did not miss any. But that sweep would give us about 280,000 D's. Anyone wih thoughts on the concept or the reality of trying to do the filing?

Thanks for any thoughts.

I have a client with a SH 401(k) plan. They staisfy the SH via the SHNEC. The Plan also has a profit sharing allocation as an integrated allocation of 81% of the TWB. They want to "Max out" the HCEs who make 230,000.

Questions

1) My understanding is that if this were a non SH plan (standrad 401(k) plan), the regular PS allocation would be considered a design based safe harbor as far as 401(a)4 is concerned. (As long as the integration portion does not exceed the 5.4% on the excess and is not more that than the % on the base. For example 7% on base comp and 5.4% of comp in excess of the 81% of the TWB.) Correct?

2) Because it is a safe harbor, each person is required to receive the 3% SHNEC first and then the integrated allocation of 7% on base plus 5.4% on excess. This combination allocation requires 401(a)4 testing as it is now not a safe harbor allocation design. (There are people who are not getting the "uniform" allocation soely under the permitted disparity formula.) Correct?

3) Based on #2, this plan fails the allocation method of 401(a)4. Therefore, the plan must be cross tested to ensure passage. Therefore, those employees who have qulaified for the SHNEC and not the integrated NEC would have to receive an additional allocation to ensure that they meet the gateway contribution. Correct?

Any responses are greatly appreciated

A 401(k)/PS plan just received an $8,000 check from a mutual fund company for their 401k plan as part of the SEC settlement with the mutual fund company to reimburse mutual fund holders for excessive trading costs, etc. for the period 2000 to 2003.

Since the date that is being used to determine the $8,000 figure is what the mutual fund company shows as recorded on September 30, 2003, who gets the money and how is it to be allocated? Do we need to go back to September 30, 2003? Could it just go into the current plan to allocate to current participants or to offset current plan expenses?

Many of the participants back in 2003 have retired or terminated. Do you think the IRS/DOL would accept a reasonable cost/benefit analysis to determine if it's really worthwhile to try to allocate an $8,000 check on balances that are almost 6 years old and to participants who are no longer in the plan?

I am working with my colleagues on a take over 401(k) PS plan that has language regarding a mandatory 2% contribution as defined by 401(m). (I did not know this was allowable in a DC plan. If someone could point me in the right direction to read more about this I would greatly appreciate it.) Based on what they have told us:

1) They first said is a pre-tax contribution. However, I do not see how this is possible based on the referenece to 401(m). I would think that it has to be an after-tax contirbution. Can this be confirmed?

2) They then said that it is a non-elective contribution. I assume that they meant that the participant could not waive out and it was required. I do not think they meant a non-elective (PS) contribution as I would think of it. Does anyone see how this type of contribution could be the "standard" non-elective contribution (including the idea that it is under 401(m))?

Any replies are greatly appreciated. I have some other issues which I may address based on the answers to the above.

Thanks in advance.

We administer a 30 participant DB that had recent investment losses.

The corporation that sponsors the plan is 100% owned by a family trust. The four beneficiaries (the kids) each have a 25% interest. I believe each are then deemed to own 25% of the corporation. Only one of the siblings (James) is a participant in the plan, and he is age 68. He is entitled to about 60% of the benefits.

The business will be sold at the end of next year and it is unlikely the plan will have sufficient assets to pay benefits. If he were a greater than 50% owner he would have no problem waiving a portion of his benefit. Given the fact that the trust owns the corporation, that will not be possible.

Could James (with spousal consent) execute a suspension of benefits notice to stop receiving an actuarial adjustment in the meanwhile and thereby stop the bleeding? He has never been in pay status.

Plan requires year of service w/ 1000 hours and computation period changes to plan years. Plan year is calendar year and we are using the Corbel prototype.

Employee was hired 7/19/07, terminated 12/28/07 and worked 582 hours during this period. Employee was rehired 4/28/08 and worked 1000 hours by 12/31/08. He did not meet 1000 hours during period 7/19/07 through 7/18/08.

Does this person meet a year of service on 4/27/09 or 12/31/08?

Basic plan doc states that computation period shift to plan years unless prior service is disregarded under the break in service rules section. That section only relates to excluding prior years of service due to the rule of parity, but this person never earned a year of service to be disregarded under this section.

For our 401(k) plans, we do not do a coverage test if certain conditions apply: no HCE’s, no NHCE’s, only collectively bargained employees benefit, no last day requirement, exclude only union/nonresident aliens, no controlled groups (or all participate), exclude only Termed with < 501 hours.

Do any of these exceptions apply to a 403(b) 410(b) coverage test? Are the exceptions identical or are there some that apply only to 401(k) or 403(b)? I don’t want to be running a 410(b) test in a 403(b) plan if I don’t need to.

Thanks!

Hi:

We recently (January 09) switched to a HDHP with HSA and offered a Limited-Purpose FSA for dental and vision expenses.

An employee elected to contribute $1000 to the Limited-Purpose FSA earlier in the year and is only now realizing what that actually means (i.e. needing to spend $1000 on dental and vision expenses as well as pay for her HDHP expenses). She has been contributing since January 09. She does not anticipate having $1000 worth of dental and vision expenses from now until the end of the calendar year and wants to know if she can end the FSA contributions. As far as I understand the system, because she does not have a change of status, she does not qualify for a termination or change of the FSA.

Are there any other options out there for her to utilize?

Can she pay a penalty or tax and use the FSA funds for other expenses?

Can she roll the funds over to her HSA? We do have a grace period at the end of the plan year. I've tried to do some research on the transfer of funds to an HSA, but see nothing about a Limited-Purpose FSA, only a Medical FSA. I'm also not sure that I fully understand this option in general.

Would she be able to use the funds for retirement (she is over 65)?

I wasn't able to speak with our plan administrator today, but I wanted to answer our employee's question as soon as possible. Any help on this would be greatly appreciated! Thank you!

Would EACA permissible withdrawals be considered a protected benefit under IRC 411(d)(6)?

For example, the Employer allows EACA permissible withdrawals during the Plan's 2008 Plan Year. During that year, the Employer decides that permissible withdrawals are too administratively burdensome and will no longer permit such withdrawals for the 2009 Plan Year.

Plan is top heavy for years 2004 thru 2007 and the Employer failed to make contributions in the amount to satisfy the top heavy minimum. The Employer now wants to make the top heavy minimum for those years.

Since there is no absolute deadline for making a top heavy minimum can they ever be considered "late." If they are not considered late, must the top heavy contributions due be adjusted for earnings (and I assume losses)? What would the starting date be for determining earnings? For example if the t-h contribution was for the 2004 year, would earnings be calculated from say the tax filing date for the 2004 year up until the time the contribution is made to the Plan?

Our client recently received a CP-403 notice from the IRS stating that her husband, who past away in October of 2007, never filed a 5500-EZ for the plan year ending 12/31/06. He had filed returns in the past and the total value of the plan at 12/31/06 was over $100k. She has never had any envolvement with the returns and has no idea why her late husband did not file. Does anyone have a idea of how we can avoid IRS penalties? Any suggestions on a good reasonable cause?

Thanks.

61 year old participant dies leaving a benefit of about $400,000. 47 year old spouse is sole beneficiary. In the following few months, she has withdrawn about $138,000, most of it going to children and who knows what. Broker would like to help her protect what is left (really).

From a tax aspect, may she roll the balance of the account into her own IRA and begin taking substantially equal installments and avoid the 10% penalty? I believe she can roll into an inherited IRA and withdraw without the penalty but she may run into the RMD rules sooner than later.

Thank you.

Kate Smith

Company A (large national co.) ownes company B. Company B acquires company C through asset sale. Company B also owns Company D which will merge with company C to become Newco. All companies have 401(k) plans which Newco can adopt or merge assets into. If Newco continues with Company C existing plan, TPA says it will only require an Amendment to plan to change name, tax ID, waive 90 day waiting period for Company D employees.

Assuming Company C is the one chosen, given the new name & tax ID, can current participants be given the right to take a distribution at time of transition? What are employee rights at a time like this?

If Newco goes with either Company A or B plans, can Newco force all existing participants in C & D to merge into the chosen plan?

From what I have read, if the plan is terminated, employees have option of distribution or rollover into qualified plan. But if plans merge, the rules change? How does same desk rules apply here.

I am very new at this and have been asked to participate in the discussions as the "employee voice" and just want to make sure I have a full understanding.

Thanks in advance for your help!

Is it permissible for a loan policy to limit plan loans to only fully vested participants?