I have a doctor aged 72 with his own practice that needs to take an RMD from his Profit Sharing plan this year. His broker told him he could take this RMD and send it directly to charity.

My question is does this IRA Charitable Rollover apply to Profit Sharing Plans, or only to IRA's? If it applies to Profit Sharing Plans, how is the 1099-R coded? Thanks.

Is a Wellness Program that offers cash incentives for such activities as completing a wellness assessment, viewing on-line seminars, etc. a "group health plan" subject to COBRA? What if the Wellness Program also has a disease management piece in that it reaches out to employees who have certain diseases (asthma, diabetes, etc.) to give them advice and coaching to manage their disease? Any thoughts would be appreciated!!

We have a 457(f) plan that pays benefits in a lump sum within 2-1/2 months following the end of the plan year in which the participant completes 10 years of service. We meet the STD there. The problem is that the plan allows the participant to extend the distribution date for 5 years beyond the otherwise applicable distribution date. We still have a SRF for purposes of 457(f), so no income inclusion. My understanding is that the SRF would be shot for purposes of 409A and now we have to make this payment comply with 409A. Does that sound right? Need more info?

DB plan. Corp is sponsor, partnership adopted plan.

Corp has just one employee, the owner.

Is the allocation of the db contribution plan required to be allocated in any specific way between the entities?

Can we adjust on page 1 of 1040 a DB contribution where the partner has 0 self-employment income?

In the HIPAA regs issued on 12/30/2004, the preamble discusses the requirement for certain entities who are not otherwise subject to HIPAA to provide certificates of creditable coverage (related to PCL). This included Medicare, Medicaid, Tricare, etc. The preamble states that the unique manner in which these programs operate necessitate implementing the HIPAA certificate requirement differently and that HHS would be issuing separate guidance. Did that ever happen? I can't find anything explaining how the HIPAA certificate requirement applies to plans such as Medicare Advantage which can be issued on a group basis through employers. Can anyone help direct me? Thanks!

I'm designing a plan for a Consulting firm. Their goal is to encourage mid-term longevity. They'd like to keep good people for at least 2 to 5 years.

Here's the thought:

Allow immediate participation. Immediate rollovers for NON-HCE's.

Employees become eligable for a NEC on the 1st day of the year after one year of service.

3% NEC guaranteed. Discretionary contributions based on profit and / or the 'employer's whim'.

Immediate vesting for the 3% NEC and discretionary constributions.

My thinking is: This is a safe-harbor plan that still be subject to top-heavy testing. Is this a correct assumption?

Thanks,

Fender

I am retired and would like to rollover some of my ira into roths. Can I do so without regard to income?

I have very little income, so would this be a limiting factor.

Can you contribute to an IRA if you are enrolled in a 401K at work. Can you contribute to and IRA if your spouse is enrolled in a 401K at work.

I'm trying to find a Web site that's not from just one bank, or one consultant, that helps me find the right 401(k) plan for my business.

When I wanted to find office space, I went to http://www.loopnet.com

When I wanted to find a lawyer, I went to http://www.findlaw.com

When I needed software, I went to http://www.capterra.com

Why isn't there a place like that for 401(k), or benefits in general, where I could type in my company size and location and a few other pertinent items and get a list of brokers or consultants or plan providers that fit my needs?

Is there some legal or licensing reason they don't exist? Or have I just not found it yet?

Please advise.

I had been just told 5 days after the grace period date the if you AGI for the year is over $156,000 for the year that you can't contribute to a Roth IRA. We didn't know that we were going to go over or even come close but we had cut back on 401K investing to have more available income for early retirement. That made our AGI for 2006 go over. We did invest on a montly basis to our Roth IRA. Now I was told that I must remove the amount contributed and estimate the earning and file an amended 1040X for the earnings income. Etc. Etc. How else can this be handled?

Now this year we have been contributing to our Roth IRA's up until Oct. and we have not exceeded the AGI yet so I have maxed out our 401K's for the remainder of the year to try to stay below $156,000. Would you recommend I move our contributions right away now or wait to see if we go over $156,000 this year or not. I have stopped making Roth IRA contribution for now until we know for sure.

Help!!!!!!! Who would know we would make enough money to go over the limit!!!!!!

If the beneficiary wishes to keep her deceased husband's account in the plan, does this become a distributable event if the account is transferred to her name/ss#? She is not a participant in the plan. 1099R issued? Thanks.

Linda Michals

Can we incorporate 1.125-4 by reference, or do we need to do something like cut and paste the regs or copy them and staple them to our plan document?

Any thoughts?

Plan is a Safe Harbor Matching Plan. The client does not want to use the Safe Harbor Match Provision for 2008, do I have to amendment the plan or do anything? Or as long as the SH Notice does NOT go out for 2008, its fine?

My husband terminated employment with a sizable balance in his Flexible Spending Account. ADP is telling him that he had 30 days from termination of employment to submit his claims, not March 15. Can someone please tell me if this is in accordance with applicable law? Thank you!

Does anyone have any pro/con information regarding providing lower wage earners with higher employer subsidy to purchase health care benefits? I work in the government sector and have had an employee send a letter to our leadership stating that their belief is we should use this methodology to subsidize since the lower wage earners end up spending a higher percent of their salary on health care benefits compared to higher wage earners (and often end up not being able to purchase benefits as a result). I've looked everywhere I can think of to see if there is any information I can feed back to our leadership group regarding the pro's and con's of taking this type of approach and have come up empty. THANKS!

Due to an acquisition, Company A has a 401(k) plan (Plan Z) that will not be able to stand alone for coverage once the transition period ends on 12/31/07. Unfortunately, Company A does not have the resources and is not prepared to merge Plan Z into one of the existing plans of Company A, several of which are safe harbor plans. If Plan Z were changed to a safe harbor (with a match that mirrors on of the existing plans) effective 1/1/08, could Plan Z then be aggregated for purposes of passing 401(b) testing in 2008?

I did look and didn't see where this would be prohibited but admit that I haven't really dug into in detail yet. Any cites would be appreciated.

PAL

Plans definition of compensation is W-2 pay.

How does an employer withhold deferrals from noncash taxable income? For example, employer may give out gift cards as opposed to bonuses.

In a cross tested 401(k) profit sharing plan with two groups, partners and everyone else. Is it possible for the employees in the partners group to receive a different percentage in order to max each of them out for the year. As an example, partner A deferred 5% and received SH nonelective of 3%. He would receive a p;s of 12%. Partner B deferrs the max, receives the 3% SH, so his PS contribution to max out would be 22,400 or 10.18%. Is this possible as long as the plan passes all testing? I tried using the contribution optimizer in Relius and this is what it did. Just wanted to see if this is allowed.

Suppose you have a volume submitter DB that was adopted 1/1/2002. The plan meets all of the requirements in the instructions. If the plan terminates 1/1/2008 and is submitted shortly thereafter, does it still qualify for the user fee exemption?