Client amended for GUST using a Corbel volume submitter document (not prototype style), but missed the mandatory rollover amendment (IRC Section 401(a)(31)(B)). We want to correct for the missing interim amendment through VCP.

Under EPCRS, Section 6.05, it appears to me that submitting for a favorable determination letter as part of our VCP application is mandatory since we are in the midst of the EGTRRA amendment cycle for a VS plan (and since the IRS issued a sample amendment--but not a model amendment--for this change). I welcome comments about this conclusion, but that's not my real question.

This plan has never received a favorable letter--at least not that we can tell--and documents are available only back to an un-dated pre-GUST restatement (retro to 1/1/97).

Does anyone know how far back the IRS will require us to provide documents in order to issue an FDL for the plan?

If a deadline falls on a weekend or holiday, the general deadlines for IRS and DOL forms, filings and notices are extended to the next business day. Usually this rule is spelled out on the applicable form. What if we're dealing with a notice to participants not a form? Is there a general rule extending the deadline in these circumstances? Thanks for any thoughts.

Corbel gives me the option to put Lettinga & Associates in the footnote of every page of the adoption agreement. I have never done this, but I am wondering. Are there advantages to doing this?

What are all of you doing?

I want to terminate a HRA plan. There are no outstanding reimbursements to be paid. Any other steps besides notices that must be done?

A client wants to amend their 501©9 exempt VEBA to provide health insurance premium payment/reimbursement. This was a physician practice, two covered persons - the Dr (+spouse) and his office manager (+spouse). (I'm not convinced that these were the only eligible participants, but that's what they tell me.)

When set up in 1986, the VEBA was actuarially certified and is fully funded. Office Manager is the trustee. The plan was written to provide LTD & STD, and severance for current employees only. No claims have ever been made. All contributions were apparently made by the employer. All 990s & 5500s have been filed.

The employer sold most of its assets and dissolved in 1995. So I don't think there are any employees anymore, and therefore no plan participants. Also, both former employees are now retired. There's one clause in the trust giving the trustee the power to pay "future claims of Plan Participants until no monies or other assets remain in the Trust" in the case of termination by the employer.

It seems like the plan needs to be amended in two ways: to provide health insurance benefits in addition to LTD & STD, and to provide these benefits to the retirees. The severance benefit does not seem applicable anymore.

Here's what I can't figure out:

What happens when we re-characterize contributions made under the original plan (severance & LTD, STD for employees only) as benefits for retirees? It seems like this will violate the reserve limitations for post-retirement benefits and create UBIT for the last 23 years.

Is this right? If not, what am I missing? Could anybody suggest guidance? I can't find any, maybe I am reading the wrong regs.

Is anyone else being deluged with Medicare Secondary Payer claims, referrals to Treasury, offsets, etc.? Has anyone succeeded in getting anyone at CMS, Treasury, or the CMS contractor (MSPRC) to return calls, listen, explain, acknowledge that there are problems?

We have a plan whose document allows for participants to have only one loan outstanding, refinancing is not prohibited.

A participant took a loan in August 2006 (5 year re-payment period) with weekly payments (all payments are current). Same participant requested and received a 2nd loan in February 2009 (current plan year). Also for a 5 year re-payment period and to-date, all payments are current (participant is not a key employee). The same participant did have a sufficient vested account balance at the time the 2nd loan was taken to allow a refinancing of the original loan plus additional amount requested for a new 5 year repayment period in accordance with IRC Section 72(p)(2)(B) & ©. The company does not want to allow more than one loan in the future - this was a one time error.

Obviously this is an operational error. My question is on the proper correction method to fix the error. May this be corrected through the EPCRS Self Correction Program with a plan amendment, in the same manner as would a plan that issued a loan to a participant but did not have loans available in the plan document? Or, would the plan be required to correct the error with an amendment through VCP?

Has anyone ever seen this type of error and corrected in another manner (besides deeming the 2nd loan as a distribution)?

thanks,

For commission-only employees for whom hours of service are not kept, do you use equivalencies to count hours of service? Along similar lines, how are breaks in service calculated?

Are there any rules on when compensation should be included for plan purposes? Is the calculation of compensation on a cash basis (when paid) ok even if the commissions were earned in a prior plan year?

Just to be very obvious where the gaps in my knowledge are . . .

Can loans be taken from a 403(b) from any $$, or only from employer $$?

I am working with an employer that is using a new prototype document that specifies the 'Participant Group Allocation Method' under LRM 94 language. The adoption agreement specifies that the employer will specify the groupings for the plan year by the time it makes the contribution.

After running several different grouping scenarios, it looks like cross-testing is not as good for the plan year ended April 30 as would a simple profit sharing allocation of the same percentage of earnings for everyone. Due to some personnel changes in this small company (10 employees, counting the two owners), the owners are almost all younger than the 7 other employees.

May the employer specify one grouping of all 10 employees under the LRM 94 language, allocate the entire contribution within that one group in respect to earnings, and not be discriminatory because all eligible employees are receiving the same percentage of earnings? Or must we use cross-testing to show discrimination, in which case the single grouping idea would cause the plan to be discriminatory?

I have a client who offers health insurance to certain employees working over 20 hours per week. One employee who does not work over 20 hours a week would like to "buy" into this health insurance by having her premiums deducted directly from her paychecks pre-tax. Essentially, her paycheck would be reduced to almost $0 b/c most of her paycheck would go towards the insurance premium and she would be relieved of most of her tax liability. Does this pose a problem? Is it tax avoidance? Would it really be a fringe benefit considering it constitutes most of her salary? Any guidance would be appreciated. Thanks!

I have a client who offers health insurance to certain employees working over 20 hours per week. One employee who does not work over 20 hours a week would like to "buy" into this health insurance by having her premiums deducted directly from her paychecks pre-tax. Essentially, her paycheck would be reduced to almost $0 b/c most of her paycheck would go towards the insurance premium and she would be relieved of most of her tax liability. Does this pose a problem? Is it tax avoidance? Would it really be a fringe benefit considering it constitutes most of her salary? Any guidance would be appreciated. Thanks!

Can I convert our 403(a) annuity plan to a 401(a) plan by liquidating the annuity contract and depositing the proceeds in a 501(a) trust? I would prefer to do this without obtaining participant elections or rollovers. The 403(a) plan contains only nonelective employer contributions and has been administered in accordance with the profit sharing plan requirements applicable under 404(a)(2). Are there any particular issues or traps I need to aware of under the Code or ERISA?

We have a cafeteria plan with a company that split into 2 companies, the original company is ok with documents, etc...and their banking account for the cafeteria plan; the 2nd company is no longer part of a controled group, but rather on their own, so I am in the process of creating new documents for this new plan starting May 1st (short plan year 1st year); my question is can the first company transfer the employees money they have in their account to the new plan account and does the new company employees have to sign a new enrollment form for May 1st start date?

How do you correct a failing ACP test when the plan year was 5+ years ago? I tried looking for a previous message but am unable to locate anything.

In valuations using the 100% LS option, I've been calculating the FT as follows:

A) PVAB at NRA using the plan rates of 5.5% pre/post and GAR 94 post ret only

B) PVAB at NRA using 430 rates and Applicable Mortality Table for the valuaton year

(i.e. if NRA is 5 years from val date, PVAB at NRA is calculated using the second segment rate for 15 years and 3rd segment rate thereafter)

Greater of A or B is then discounted to the valuation date using the appropriate interest rate (1st segment rate from the above example)

Now, throw in that the LS in A or B has to be limited to the 415 max LS. Now, I have the min {415 max LS at NRA, max (A,B)}, which is then discounted as above.

Seems right so far and I've matched the results from running ProVal with these calculations.

Now, however, I'm not matching the Proval results and I wonder if it is just coincidence that I did before (i.e the 415 Max LS I was calculating was higher than A and B above), if I have something set up in ProVal incorrectly or if I'm just doing it wrong in my spreadsheet.

Here is my confusion:

For a small plan we can use 5.5% and the Applicable Mortality Table to get the Max 415 LS, right?

Now for calculating the PVAB at NRA, I have been using the AB (which is the lesser of the AB by plan formula or 415 max LO annuity) * the annuity factor at NRA. This is the number I have compared to the 415 Max LS which is calculated by the Max 415 LO annuity * Min (5.5%/Applicable mortality factor, Plan rates factor). Now, I'm wondering if the LS I should be calculating in A and B above using the plan AB withOUT limiting it ot the 415 max LO annuity.

They way I've been doing it seems to be using the 415 limits twice.

I think part of the reason 2008 matched fine is because the mortality table used for 415 max LS = plan mortality. Probably, the 2009 checks I have done did not get to the 415 limits and any error wouldn't have shown up, yet.

We are changing our mandatory cash out threshold to 5k and instituting a rollover IRA (per safe harbor). Notice 2005-5 states that we wont fail the notice requirements if our notice is sent back via US mail. However, FAB 2004-02 (which as you probably know deals with termianted DC plans) - talks about how to find missing participants. Does anyone have any thoughts / insights on what the common industry practice is? Are plans just sending out notices to missing participants prior to setting up mandatory rollover IRAs or are they going through the hoops of FAB 2004-02 (certified mail, forwarding service etc). I think we would be "safe" with just sending out via mail and would save a lot of time this way but don't wait to go against industry standards.

thanks

Hello all,

The participant previously elected to take distributions utilizing an installment payment method. It was discovered that during 2007, one of these installments was not made. What would need to be done to correct this? Do you just make the required payment? Should earnings be caclculated? Do we need to use EPCRS?

I'm familiar with how to correct a missed deferral, but have not run in to this issue before, and I can't seem to find any info on how to correct it.

Any help would be appreciated.

Thanks!

Hello Everybody,

I have an interesting situation. A participant made his deferral contribution for plan year 2008 twice. We had not discovered it until AFTER his money was distributed out of the plan and into an IRA.

This deferral amount plus earnings (or, in the case of this year with negative earnings, we net the two), is now taxable. He distributed out in November of 2008, so my calculation of earnings goes from when the money was deposited in to when it was distributed (1/24 - 11/18).

My question is, once it moved to the IRA, do we need to do anything to correct it there? It is not pretax money. Do we need to inform the broker? Do they need to recatagorize it?

Thank you for your help!

We recently pulled all of our welfare benefit programs together under one document, however, the plans still exist separately. Do we need to file separate 5500's for each or could all be filed under one 5500 form?