Either I'm crazy -- or just in need of a break from my testing -- but I'm positive I remember recent legislation (I thought it was the Final 401(k)/(m) regs) that made matching 401(k) catch up contributions mandatory. Does anyone have any idea what I'm talking about or do I really need this long weekend?

The safe harbor standards require that the recipient of a hardship distribution be prohibited from making deferrals to the plan and all other plans for 6 months. "All other plans" includes the employer's nonqualified deferred compensation plans. It is my understanding that 409A prohibits the suspension of deferrals once an election is made. Does this mean that employers with NQDC plans subject to 409A can't use the hardship safe harbors for their 401(k)?

We have 401(k) plan that was formed as a spinoff from our prior company. (The company split in two, we each have our own stock now.) How do we determine HCEs for testing purposes? Should we consider HCEs from last year prior to the spinoff when we were all one company? Last year we were employed by the original company, which is not who we are now. (We were all employed by A, it split into A (continuation of A) and B. We are B.)

Thanks.

I am a trustee and custodian supporting independent RIA firms, and am often asked to provide information on TPA's that provide their services without requiring that they act as custodian or manage the particpant assets themselves. Is there a web site that might list these firms along with contact information? Thanks.

What is the AFTAP for a new plan in 2007 with no past service liability and a beginning of year val date? 100%? 0%, None of the above?

Is it true that there is no presumption for 2008 available, meaning that a 2007 val and a 2008 AFTAP must be completed by 4/1/08 to avoid the restrictions?

Sponsor of Money Purchase Pension Plan wants to increase the contribution for the 2007 Plan year (a calendar year). Is there any issue with amending the Plan after the close of the Plan Year to provide for a greater contribution (assuming the contribution is timely made for deduction and funding purposes)?

Under Section 824 of the Pension Protection Act of 2006, certain taxable amounts can be directly rolled over to a Roth IRA beginning in 2008, if certain requirements are met regarding modified adjusted gross income and tax filing status (if married). It is not clear to me from the statute and the legislative history, however, whether indirect rollovers are also permitted in that case; i.e., if a participant receives a taxable distribution in cash (after 20% withholding), can that amount be rolled over to a Roth IRA within 60 days of the distribution? Can anyone provide a cite one way or the other?

The Plan Sponsor of a MPPP allowed a hardship distribution because the distribution application form (a QRP prototype forms) had a hardship distribution check box on it so naturally the plan sponsor and participant thought it was allowable. The participant was 52 years old and not of NRA or ERA. Oddly enough the MPPP permitted employee contributions, but I don't think the participant had any money in his employee contribution account. The adoption agreement was silent on whether hardship distributions were allowed but the prototype document stated something like "if this is a profit sharing plan, then in-service and hardship distributions are permitted" and from that I infer that this means they were not allowed in the MPPP, no matter what.

Is there a way to correct this within EPCRS? I know there is a correction mechanism for 401(k) plans in that the plan sponsor would just amend the plan, but this is seemingly unavailable for MPPPs. If not, any recourse at all?

Our document states for any plan year a participant made both Roth and elective pre-tax deferrals, the administrator operationally may implement an ordering rule procedure for the distribution of excess contributions.

When calculating the associated earnings, would you only look at the earnings for the source you are distributing or would you look at the combined earnings for both the pretax and Roth contributions for the year?

We have a terminating 401(k) Plan with 86 missing participants with no last known addresses, but with small plan balances. We will be seeking an IRS determination letter for the Plan. The Notice To Interested Parties will need to be distributed to all current and former employees with vested benefits under the Plan, so the missing former 86 need to receive the NTIP. Does anyone know to what lengths we must go to locate these former employees to provide them with the NTIP? The requirements of DOL FAB 2004-2 regarding locating missing participants appear to apply in the context of sending out the distribution materials, not the NTIP. We've already exhausted the first 3 search methods and are left with using the IRS or DOL letter forwarding service at a cost of around $1800. My concern is that we'll incur that cost twice -first to send out the NTIP and again to send out the distribution notices after we get the determination letter. It's my understanding that neither IRS or DOL discloses the actual adresses to the requester. Any suggestions are appreciated.

Ne w to health plans..but if you have a plan that has cafeteria, HSA and a transportaion benefit.....

Is there any regulation that excludes the transportaion benefit from the testing?

Has anyone worked on the calculation of the AFTAP for an EOY val in accordance with Notice 2008-21? It appears you are allowed to use results from 2006 but are limited in adding back 2006 contributions. The Notice talks about a 90%/110% calculation to determine that limitation, but it seems a bit confusing. Any input would be appreciated.

My parents need to take distriputions on their IRA's (He 77, she is 74). I need to know how or where I can get a table or calculation to figure out how much they need to take out of the IRA for each person this year?

Thanks for your help.

If a 401(k) plan permits Roth 401(k) contributions, and if a non-spouse beneficiary becomes entitled to receive a distribution of Roth 401(k) money upon a participant's death, can the Roth 401(k) account be rolled over to a Roth IRA? A literal reading of 402©(11) would say "no", as 402©(11) only refers to traditional IRAs, but to me it does not make sense to have part of the distribution be ineligible for rollover, and I was wondering if anyone had seen guidance from the IRS.

I have a plan that excludes bonus and overtime from the definition of compensation. My results show a difference of 6%.

The test has a paragraph that says as a rule of thumb, results 3% and under are considered de minimis. So, I think I have a non-passing test and I am not sure how to proceed.

Another person in my office thought if the Comp Ratio test "failed", you could run the ABT. And if the ABT passed, you were o.k. I couldn't find anything specifically stating that in the reg. books. I did find some information that said if audited, it would pretty much be up to the individual auditor to determine if failing amount is de minimis or not.

Has anyone had this situation before? And how did you handle it?

Thank you,

Rachel

http://benefitslink.com/boards/index.php?s...971&hl=GATT

The above discussion ended before the year-end new plan document setup rush, so I am wondering if any new insight is out there...?

Recap:

I'd like to just start using the new stuff since the PPA required no amendment until 2009, but...

We have a prospective client that looks like an ASG. A podiatrist has his own practice and also owns 10% of a surgical center, where he performs a large portion of his surgerys. Based on all facts we have received, the independent practice is an A-Org and the surgical center is the FSO, creating an A-Org ASG.

This prospects accountant has indicated to them that the ASG rules don't apply to surgical centers because the minimal ownership. Has anyone heard of this view?

Ultimately, it is the clients responsibility to make the correct determination, but this accountants opinion has made me curious...

Thoughts?

Can anyone direct me to any written guidance, either formal or informal, that requires a frozen plan to be funded on a unit credit basis? Thank you.

Tell me if I am wrong about a calendar year plan. If the 2007 and 2008 AFTAP are not certified, then there are no distribution restrictions until 4/1/2008 under this special rule this year. So, it's a potential advantage to not certifying to the 2007 AFTAP too soon. Of course if the numbers are available and it's clearly underfunded but it's just that no actual certification has been signed, anyone see that as a problem? It seems strange that there is an advantage to burying your head in the sand.

Good Morning:

Recently, our company, who is on an October to October Plan year cycle, began offering the HSA, of which I signed up for - even though I had a pending baby due. The baby was born 21 December.

This month (Feb.) I have noticed the Blue Cross "restarted" my deductible accumulation (set at 5400.00) as of 01 January back to zero, wiping away any amounts I paid during the first three months of the plan year. However, it was explained by the company that once we fill out a form and turn it in with our EOBs, any deductible amounts accrued thus far would be carried over to the next calendar year, and we could complete our plan year. However, it appears that is not so, at least according to the health care provider.

Can someone give me some guidance on the IRS rules. It is a shock that after having a baby and obviously meeting my 5400.00 deductible, that that deductible was only good for 3 months - now I have to start over??!!?? This will make my plan year cost $10,800.00. How can this be??

Any help would be greatly appreciated!!!