Suppose a small non-PBGC DB plan terminates 12/31/2007. No participant is close to the 415 limit. The plan document allows for lump sum distributions based on the greater of the plan rate or 417(e) rate. The 417(e) rate per the document would be from November 2007.

Suppose benefits are being distributed in two weeks based on an ERISA 4044 allocation.

Our understanding is that since the termination took place prior to the effective date of PPA'06 segment rates, we would not use them and instead follow our plan document.

Does anyone disagree with this?

Is there a rule that says distributions if you were born before 1936 might qualify for capital gains rather than ordinary income taxes? If, under what conditions? Thank you.

I've decided I want to begin investing a portion of my yearly Roth IRA contributions in high yield CDs. The best CDs I've found, however, don't offer IRA accounts. GMACBank.com, for example.

I thought someone had told me you could find IRA accounts that let you put the money pretty much anywhere you want, but I haven't seen anything.

Can anyone help?

Thanks.

Minimum wage questions; what age does a person have to reach to get covered by minimum wage, and do some states have mandatory time and a half for Sundays and holidays?

How does the initial eligibility computation period function when the required service period amounts to two years?

The non-profit org. (which arguably is controlled by a church - that's a separate discussion) has filed Form 5500s for many years (never thinking it could be a church plan) but never did the 410(d) election formally via on the Form 5500 or Determination letter application. Does this mean that this org. is still eligible to be a church plan or is the filing of the Form 5500 deemed an irrevocable election? If there is any authority for this, I would also appreciate the citation. Thank you!

Employer wants to term 401(k) by 12/31/2008 and have a SIMPLE 401(k) for 2009.

Existing 401(k) plan has participant loans. Can the Employer continue to allow any loan repays to the 401(k) through the time that the actual distributions are completed or does that consitute "maintaining" within the same year?

We are having an internal disagreement regarding actuarial equivalence in reference to the QOSA 75% requirement. We have the 75% option already, but it is based on a reduction formula which doesn't match the document's stated table.

One position (position #1) is that if a reduction formula is stated in the document (no table reference), it is by default actuarially equivalent. Even though the reduction formula provides a greater reduction than the plan's defined table would provide, this person is certain that since it is a written formula, it satisfies the requirement of actuarial equivalence to the life annuity. They are leaning on a 1979 revenue ruling which seems more relevant to defining "definitely determinable" than actuarial equivalence.

The opposing position (#2) is that in order to be actuarially equivalent, the reduction would need to correspond to the plan's defined table.

All opinions are welcome.

Can retirement plans be legally used for garnishment?

A calendar year PS Plan submitted its Form 5310 with a proposed termination date of August 2008. The Plan now wishes to amend its Form 5310 by changing the proposed termination date to December 31, 2008. Does the IRS have a procedure to do this without formally withdrawing the determination letter request?

Some cash balance plans allow allocation provisions such as last day employment requirements. What is the justification for that when a year of service is defined as 1000 hours? Or is there one?

Can a cash balance plan that has a last day employment requirement be amended during a year to freeze benefits (with 15 or 45 day notice) and avoid a contribution if such allocation is conditioned on last day employment?

Help please. These are not hypotheticals.

I have a client that's an insurance broker. It has been advised that it cannot receive commissions for products provided to its own plan with 120 employees. The employer seems to have met the criteria for PTE 79-60.

Is there anything new out there that I am missing about the viability of 79-60?

Client terminating Simple IRA Plan at year end. Prototype sponsor says elective deferrals and matching contributions need to run through 12/31. Pay period ends 12/21. Client's accountant is saying that compensation earned after 12/21 will not be included in 2008 W-2, instead included in 2009 W-2.

Prototype sponsor says Publication 560 addresses. I've read that publication, Notice 98-4, Form 5305, and Section 408(p). Of course, there are references to the Simple IRA running on the "calendar year" and termination at the end of the "calendar year." Nothing conclusively states that means all calculations running through 12/31 itself.

Anyone encountered?

My divorce became final august of 2007 and 2 months ago I finally got the QDRO signed by the judge and this is in regards to my ex husband ESOP. I agreed to 40 percent and the house. Well my amount is 219.000 and my ex told me I wont get it for 3 years. My house is in forclosure and am wondering if there is any possablity of getting the money earlier or can I draw off it , I dont understand this all very much, or how do I find out where the money is at , and how I can get a hold of the administrator. I thought I would have recieved some information by now, from them.

With a leveraged ESOP can a SH matching contribution be made to the ESOP and still meet the SH requirements even though only the principal will be the amount allocated to the participants? Plan uses an ehanced formula so it is possible that the amount that is allocated to the participants would exceed the basic match but would not be the entire match as stated in the enhanced formula. Any cites or references that could send me in the right direction would be GREAT!

Is there any guidance on if a trustee is required to give participants notice prior to charging TPA fees to participant accounts? I have a trustee who will be terminating their plan and wants to pass outstanding TPA fees onto remaining participants (less than 10) on a pro-rata basis. For example, one participant would be charged $900. The trustee doesn't want to give notice to the participants - he just wants to process the fees. It seems to be an ethical question at the very least.

Thanks

Company decides to run Biggest Loser contest as part of wellness initiatives. Program has "entry fee" of $X, which is used to pay for medical/nutritional consultation during the contest. At end of contest, if individual goals are met, participants are returned $X (paid by Employer). Additional reward offered to winner.

Would the payment of this "entry fee" be a qualified distribution from an HSA account?

Thanks!

If Dr.J rolls 100k into a db plan;can he have investment autonomy over the rollover;while the pooled DB money is managed separately?

If the segregated monies grow tenfold does it effect the valuation in any way?

If a prohibited transaction is discovered and it is determined that a Form 5330 must be filed, if the disqualified person fails to file a Form 5330 or fails to pay the applicable excise tax, is there any recourse against the Plan? The Plan had no knowledge or part in the prohibited transaction until the disqualified person identified to the Plan.

Page 1.397 of Sal's book notes that since IRC 414(N) does not cross-reference IRS 409(I), the IRS apparently is of the view that leased employees may not participate in an ESOP maintained by the recipient organization. Am I reading this correctly that leased employees are simply ignored regardless of any coverage failures that would occur if included as not benefiting?

Leased employees are specifically excluded in the ESOP plan document, but I'm not sure if I should show them in the 410(b) test as included and not benefiting and if so, would they be required to be included to the extent necessary to pass 410(b) if it failed.