I have a question regarding changes in my contribution level that I never requested. I just discovered that my employer, inadvertently it seems, significantly reduced my 401(k) contribution level for the last four months of 2005. I know that I should have noticed this earlier myself, but regardless, do I have any recourse?

My employer has indicated that since we end on a calendar year, there is really nothing that can be done as they are prevented from "correcting" their error. I have reinstated my correct contribution level for 2006 but am trying to find out if anything can be done about 2005.

Any help would be appreciated.

Hello. I found this forum looking for tution assistance. I am a married father of three and disabled. I have decided to return to school to further my own education. In hopes of ataining some sort of desk job to enhance my family's quality of life. I have enrolled and will begin taking classes online comencing Feb. 8, 2006 and estimated time of completion July of 2007. I have enrolled in hopes of achieving a Bachelor of Science Degree in Criminal Justice.

Since my fanancial aid package didn't cover total tution I have agreed to have the University finance the balance. I know my fualt. My monthly payments will be approximately $271.00 per month. Balance of $10,000.00 est. will need to be paid in full prior to graduation Simple math shows that is mathmatically impossible. Higher payment would have resulted in the termination of enrollment acceptance on my behalf due to income and lack of ability to meet finacial obligation.

None the less I am serious about doing this and I am seeking help in achieving my goals. Six months after graduation my student loans take over for repayment. I am looking at approximatley $25,000.00 total.

What I am seeking is either a person or persons whom may know of any groups, firms, partnerships or individualls that may alllow me to apply for any amount of scholarship reward or assistance available. Any one that may choose to help in any amounts, I mean any, I would prefer that the contributions be made directly to the school and not to me. That way they will know that the funds are being used accordingly.

I do not know any tax laws or anything that might cause this to be considered a charitable contribution, but I can't think of any reason it wouldn't be either. I need help. Anything at all. I have all the normal supplies to buy now, for not only my kids but me also.

I know that this will be looked at as beging by another bum. I am not a bum. I am disabled Certified Automotive Techician with over 25 years profesional experience and at least 10 of those were in positions of management.

If anyone can or would be willing to help I would be more than thankful. In return I might be able to provide assistance of some sort. I will even send homeade cookies, the whole batch of anywhere form 3-5 dozen for at least contributions in the of $50.00 if they want.

Thus if you have read this and may find a way to help me thank you. The posistion I am stuck in is if I try to get a job I loose my Security disablity. I am willing to do that after I graduate. If I got a job to make payments then loosing that would cause me to put my family in finacial jeapordy. I honestly have no family members to turn to and do not know anyone that might help me.

I am just a middle aged, almost not quite, Married father trying to make a difference in my familys quality of life. I have applied and been acepted at Colorado Technical University. Anything at all would be apprecaited. Please email me if you would be interested or know of anyone that might be willing to see thier way to help in any way.

Thank you and may God bless.

Hello. I found this forum looking for tution assistance. I am a married father of three and disabled. I have decided to return to school to further my own education. In hopes of ataining some sort of desk job to enhance my family's quality of life. I have enrolled and will begin taking classes online comencing Feb. 8, 2006 and estimated time of completion July of 2007. I have enrolled in hopes of achieving a Bachelor of Science Degree in Criminal Justice.

Since my fanancial aid package didn't cover total tution I have agreed to have the University finance the balance. I know my fualt. My monthly payments will be approximately $271.00 per month. Balance of $10,000.00 est. will need to be paid in full prior to graduation Simple math shows that is mathmatically impossible. Higher payment would have resulted in the termination of enrollment acceptance on my behalf due to income and lack of ability to meet finacial obligation.

None the less I am serious about doing this and I am seeking help in achieving my goals. Six months after graduation my student loans take over for repayment. I am looking at approximatley $25,000.00 total.

What I am seeking is either a person or persons whom may know of any groups, firms, partnerships or individualls that may alllow me to apply for any amount of scholarship reward or assistance available. Any one that may choose to help in any amounts, I mean any, I would prefer that the contributions be made directly to the school and not to me. That way they will know that the funds are being used accordingly.

I do not know any tax laws or anything that might cause this to be considered a charitable contribution, but I can't think of any reason it wouldn't be either. I need help. Anything at all. I have all the normal supplies to buy now, for not only my kids but me also.

I know that this will be looked at as beging by another bum. I am not a bum. I am disabled Certified Automotive Techician with over 25 years profesional experience and at least 10 of those were in positions of management.

If anyone can or would be willing to help I would be more than thankful. In return I might be able to provide assistance of some sort. I will even send homeade cookies, the whole batch of anywhere form 3-5 dozen for at least contributions in the of $50.00 if they want.

Thus if you have read this and may find a way to help me thank you. The posistion I am stuck in is if I try to get a job I loose my Security disablity. I am willing to do that after I graduate. If I got a job to make payments then loosing that would cause me to put my family in finacial jeapordy. I honestly have no family members to turn to and do not know anyone that might help me.

I am just a middle aged, almost not quite, Married father trying to make a difference in my familys quality of life. I have applied and been acepted at Colorado Technical University. Anything at all would be apprecaited. Please email me if you would be interested or know of anyone that might be willing to see thier way to help in any way.

Thank you and may God bless.

Thank you and may god bless.

Client XYZ, Inc. will do business under an assumed name of ABC. Client wants to name plan doc. as well as reflect on all participant communications ABC Retirement Plan. The Form 5500 will include client's name as per the Articles of Incorporation. Any reason why client cannot use the assumed name as referenced above? Thanks.

[size=7]I am facing more tax debt than anticipated for 2005 and it was suggested I check into opening an IRA or a Roth IRA before April 17th. How would this help me as far as the amount of $$$ I owe the IRS and State?[/size]

With the temporary window afforded by the lapsing of PFEA, one of my clients is questioning whether it would be smart to amend his plan to provide for a fully subsidized Early Retirment Benefit at his current age of 54. His accrued benefit is equal to 100% of high 3-year average compensation but is significantly less than the IRC 415 dollar limit at age 54.

If we make this change, am I correct that his maximum lump sum would be based on the APR using 30-year treasury rates and 94GAR at age 54?

What can an employer do, if anything, if it knows that the maximum OASDI has been paid on behalf of an employee. For example, say Employee works for Company A from 1/1 to 6/30 and then is transferred to Company B, which is a subsidiary of Company A. Employee's is paid well, so Company A paid the maximum amount of OASDI during the first couple of months of the year. Company B knows how much Company A has paid in OASDI. Is Company B still required to pay OASDI on Employee's salary even though it knows that the full amount required to be paid for that individual has already been met? The same thing can occur if Employee works for Company A and Company B at the same time.

It seems odd that the employee can get the tax credit for his/her overpayment, but an employer cannot get a tax credit or take other action for its overpayment.

Is there a statutory maximum for claims submitted after the end of the plan year. The claim was incurred and paid for by the end of the year (and no 2 1/2 grace period). The plan says 180 days but the claim was denied. Thanks.

I'm sure someone knows the answer to this question. Is imputed income for a grandfathered split-dollar arrangement for a former employee reported on a W-2 or a 1099R? Thanks.

Are distributions from a medical benefits account established in a qualified retiremnt plan pursuant to IRC Sections 401(h) and 420 treated the same as distributions from other health plans, such as a flexible spending arrangement or a health savings account?

I have just had a discussion with an accountant. He is claiming a single life qualified 401(K) Plan can be set up in 2006 for 2005. It is a January 1 to December 31 plan year. I need to find a site where I can cut and paste to show him that it must be set up in the plan year it is for. Unless....

Thanks

We recently acquired a company in a stock (not cash) transaction. Our company has a 401(K) plan. The acquired company 401(k) plan was terminated prior to the deal. We received an FDL on the acquired company plan termination and began distributions. We can not locate 50 or so participants from the terminated plan even after sending certified letters, IRS locator service, etc. (everything required in FAB 2004-02).

Question: Can we distribute these "lost participant" balances to IRA's (as described by the Bulletin) even tho we have another on-going defined contribution plan to which these balances could be transferred ? None of the guidance seems to contemplate having two DC plans and one being terminated.

Thoughts ? Thanks.

when shifting adp percentages to pass an acp test.... doesn't the adp test have to pass prior to shifting to acp and also pass after shifting to acp?

i have a dilema with a provider......... adp and acp originally failed. provider took hce adp percentage that the test would need to be at to pass and shifted from that.

example: original adp test results: HCE ADP= 7.02%

NHCE ADP= 3.33%

HCE would have to be at 5.33% to pass test

original acp test results: HCE ACP= .21%

NHCE ACP= .08%

HCE would have to be at 0.16% to pass test

provider shifted adp to acp by utilizing the 5.33% number and shifting from that. can this be done?

thanks,

Kim

We are once again at our Renewal Date for Health Insurance.

We currently have two tiers of Employer Contribution, 80/20 for Managers, and 65/35 for staff level employees.

The question at hand is.... Can we "Grandfather" in employees that are currently on the 65/35 health plan, and change our contribution for the same staff level employee as new participants enroll in our program to something different like 50/50?

if an employee receives both a W2 and a 1099 from their employer, what definition of compensation (W2, 415 or 3401) would the plan need to use in order to use both numbers for profit sharing contribution purposes.

obviously i am aware of th risks, manipulation, etc,....but w/ time on my side, if i find some good ones fo the long haul, it'd be nice to KEEP all the profits! do some banks or b/d's have differet rules and resrictions, or can i do what i want, when i want with who i want? how about commissions? are some better than othrs? any recommendations are much appreciated. thanks in advance.

Help, please. This isn't strictly an ESOP question, but I wasn't sure where to post it.

My daughter's company granted her stock options. (I haven't seen the plan or SPD, so I don't know whether these are NSOs or ISOs). She was granted 800 shares at a grant price of 9.275 and 300 at a grant price of 9.80. She quit her job late December to attend school, beginning this semester. She had to exercise by 1/20, so she did so on 1/18.

Yesterday she received "confirmation" from Smith Barney. The 800 shares were exercised at 22.005 (so the gain was $10,184; the 300 shares were exercised at 22.000 (so the gain was $3,660.) Smith Barney is withholding $4,909.65 and $1841.22, respectively. That's overall about 49%. Can that be correct? We expected the gain would be taxed as income, and we also expected her income this year would be pretty low because she is now a full time student. Yes, if they overwithheld she'll get it back, but she could really use the money now for school expenses.

Thanks for your help.

Please forgive what I suspect is a dumb question, but my company, owned by a public company, was sold to a private investment group. This instigated a new 401(k) plan. 40% of my original plan was the public company's stock. Just after the sale, the employees were given documents to rollover the old 401(k) into the new plan.

Being the procrastinator I am, I missed the 90 day deadline to turn in the paperwork. Panicked, I asked them what this meant. It was explained that I only had a deadline after the paperwork was filled out and notarized (I'm on a joint plan with spouse). All I had to do was file new paperwork for a new 90 day deadline. Well during this time, it so happened, the original company's stock went vertical and that plan increased in value significantly....in the meantime, my new plan didn't do much of anything...so now I'm thinking its better for me to leave the old plan as is. Of course I realize the opposite could happen, but knowing the company well, I'm confident that won't happen.

My question is, can I do this? Can I hold two company 401(k) plans at the same time? I have NO idea if I'm under same time limit or even if there are legal issues. I realize I'm not contributing to the old plans, but nonetheless, it is performing better. Thanks for any information

I realize that an employee of an LLC that also is a member of the LLC cannot participate in a cafeteria plan sponsored by the LLC. Do any attribution or constructive ownership rules apply when an employee is not a direct member of the LLC, but is an "indirect" member? For example, assume that a corporation owns 100% of the LLC and an employee of the LLC owns 1% of the corporation. In this example, is the employee deemed to be a 1% member of the LLC for purposes of eligibility to participate in the cafeteria plan? I think the answer to this is no, but I want to make sure that I am not missing anything. Any help would be greatly appreciated. Thanks in advance for any responses.