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other problems encountered
ADP test - told system to print correction report asked it to calculate related match
it told me "You selected correction report, but did not select a correction method"
thus, it doesn't calculate the related match amount.
Relius response: calculat related match is actually a subreport of the refund to HCE, so you have to select both.
Something to watch out for - In the particular plan I have the system can not calculate the related match. it was a 50% match, but the match was stopped midyear. (Per payroll match rather than end of year match) so looking at the deferrals over the whole year it appears there was no related match. however, first in first out, so I have to dummy things up to show the related match. always something to watch out for.
also, it does not appear it helps to selct don't print soc sec number in plan specs, as these reports print them anyway. same hold for nondiscrim reports.
Relius response is that not all reports have bility to supress soc sec numbers. I was not aware of this.
Lump Sums
If the only form of distribution under a DC plan is a lump sum how extensive must the RMD provisions be? It seems like the vast majority of the provisions that would otherwise be necessary are completely inapplicable. Take the model amendment for example. The only provisions that are applicable are those on the timing of the distribution. Is a minimalist approach okay?
Question for anyone who administers a plan trying to meet the uniform allocation formula Safe harbor in 401(k) PSP
The plan document allocates contributions as follows:
"Uniform dollar amount for each participant will be determined annually by the board of directors"
I've never adminsitered this type of allocation and have a couple of questions. The employer wants to make this determination quarterly. I don't see that they can do that and still meet the SH. Is this correct?
If the plan provides for contributions to be allocated on compensation only from entry date, how does that come into play w/ this type of formula. If a participant enters the plan 10/1 (calendar year plan), wouldn't his allocation still have to be the same dollar amount as all the other participants to meet this sh formula?
If the Employer has actually made this determination quarterly and because of this one participant (the guy who enters 10/1) gets a dollar amount different than the other participants, have we violated terms of the plan document? We also lose the SH allocation and if there are NHCE's we must test for nondiscrim?
Thanks
Mid Year Deduction Changes - Old & New Elections
Here is my scenario:
A participant originally enrolled for a $1200 annual election in the Health FSA. 2 months into the plan year, the participant gained a dependent and increased their election to $2400. My problem is this - if the participant submits a claim for a date of service within the first 2 months of the plan (when the $1200 election was in effect), but the claim is for more than $1200, can they be reimbursed the full amount since the new election is $2400 (even though the new election was not in effect on the date of service of the claim)?
Also - can anyone direct me to documentation on this issue one way or the other?
Thanks for all your help!
QDRO distributions & top heavy determination
Would a distribution made from a key employee to his ex-spouse pertaining to a QDRO be considered an in-service distribution on behalf of the key employee required to be added back for 5-years when determining the profit sharing plan's top heavy status?
Prohibition on Reverting to ADP Testing when SH not satisfied
What happens when a safe harbor plan does not meet the notice requirement? Is submitting to the IRS under VCR provisions of EPCRS the only way to resolve the issue?
HCE waiver
The sponsor of a small non-standardized MP plan is having financial woes and is looking for ways to save $$$. They currently sponsor a 5% MP plan. The owner wants to maintain that plan, at that funding level, but would like to discontinue accrueing benefits for himself. Since roughly 70% of the annual contribution goes to him, this would be a significant savings. Assuming the document language allows for it, can he waive participation in the plan, even though he has previously met the eligibility requirements?
Thanks
Retirement Plan Laws in Canada
Hi,
Does anyone know where i can find information about retirement plan (defined contribution) regulations in Canada. thanks.
Does Anyone Know of Comprehensive Reference Material or Seminars on International Benefits?
I have been advised that I am to become the point person on international benefits. The problem is that while I know a little about the topic, I do not feel comfortable becoming "the expert" overnight. Can anyone tell me the name of a comprehensive reference work or a seminar I can attend so I can become substantially more knowledgeable about this area? H-E-L-P!!!!!!!
404 excess
client put in more than 25% of pay before the end of the year.
10% excise tax unless return as mistake of fact by 3/15/06. There is no mistake of fact.
What do you do with the money? Allocate but it's not deductible? Hold till next year and include in allocation and deduction?
thanks
Amending SEP Eligiblity
Employer wants to amend the service requirement in SEP plan FROM "service in three of last five years" TO "service during one of the preceding 5 years". By when must the amendment be executed? Is there a cite that I can reference? Thank you.
Defined Benefit Plan
Can a governmental entity establish a defined benefit plan which is qualified under code section 401(a) if the plan covers only emplloyees who retired prior to the establishment of the plan?
401(k) Safe Harbor Conversion
Client currently maintains a 401(k) SH plan on a calendar year basis. They would like to know if they can convert the 401(k) SH plan into a Simple IRA plan this week? Is that possible? If so, what would happen with the 401(k) SH plan and the contributions already contributed for 2006?
Determining "compensation" for DB plan contribution
Hello experts
Small Business is LLC taxed as a partnership- 3 members/owners receive K-1's.
Two W-2 employees included in plan.
What is considered "compensation" or "wages" for the calculation of employer contributions to defined benefit plan?
Is it the total self employment earnings reported in Box 14 (2005 K-1 form 1065) or is it calculated from the 1040(and if so, what line from 1040 is reported to actuary ?)
or is it some other calculation?
Thank you very much in advance for your response.
Deborah
1099-R's
A sponsor (Company ABC) has two plans ("Company ABC ESOP" and "Company ABC Profit Sharing"), both with 1099-R's and federal withholding. All reporting is done on Company ABC's EIN--the Plan's have no EIN of their own.
Should one set of 1099's with the Company ABC's name AND EIN be issued? (as opposed to using the Plan names on two separate batches)
Should one 945 with Company ABC's name and EIN be filed (as opposed to the respective Plan name)?
In other words, does the Plan name show up anywhere on the 1099's or 945?
Why no rollover from a SEP IRA to a Qualified Plan?
If a traditional IRA can be rolled over to a qualified plan, and a distribution from a qualified plan can be rolled over into a conduit IRA and then back into a qualified plan, why can't a SEP IRA be rolled into a qualified plan? Is there a logical reason why? What am I missing?
DOH>70.5, what is MRD start date
Date of birth = 8/1/29
Age 70 1/2 = 2/1/00
Date of hire = 8/1/00
Vested at 7/31/05
MRD payable by 4/1/06
What is MRD calculation start date?
Hardship withdrawals
Can a terminated employee request a hardship? If so, can this be used to pay for medical insurance?
Odd 1099-R Situation - Underpayment
Here's a twist on a regular theme here: plan thought it had been paying a surviving spouse her entire QJSA during a number of prior tax years, but actually was paying only a portion, say 90%. However, the plan reported the amounts on 1099-R as though entire QJSA amounts were properly paid. In later tax year, plan discovers mistake and issues a check for amounts previously reported on 1099-R, but which weren't actually paid (the 10%). Must this lump sum "retro" amount be reported on 1099-R for the year in which it is made?
My thought is no -- the make-up amount relates to distributions that although never paid, presumably were previously taken into income by the spouse based on 1099-R reporting. I think Rev. Rul. 2002-84 supports this approach in indicating that if a participant is having his benefits offset to recoup an overpayment made in a prior tax year, the recouped amount is not income to the extent the participant reported the overpayment in income in such prior year.
Any dissent?
Benefit Offsets
Successfully pursuing a reimbursement/subrogation agreement is dead in many circuits. Could we include an offset provision in a health plan that would reduce future benefits by the benefit paid out when the participant collectes from a third party and refuses to honor the reimbursement agreement? It seems like we could argue that this is equitable relief since we are reducing benefits rather than seeking monetary relief. Any thoughts?












