My research so far suggests that no statutory penalty has been set for a plan sponsor's failure to timely provide Medicare Part D Disclosure Notices to participants. Obviously, Plan has something of a legal and fiduciary duty to do so in order that participants can make appropriate choice as to Medicare Part D. Are there also no penalties imposed for failure to file a Disclosure Notice with CMS other than inability to receive subsidy if that is applicable?

I am curious what others' experiences have been where Plan files a Disclosure Notice late with CMS and also provides late notices to participants.

thanks

I was wondering if anyone has had any dealings with this IRS under Announcement 2005-80 with respect to a 412(i) plan. In particular, if a company could have deducted 125k under a traditional DB plan but instead contributed 200k under a 412(i) plan, is the starting point in IRS discussions the difference of 75k. Thanks in advance. Ed

I am working with a 403(b)(1) plan where there was a 7 year surrender charge for participant accumulations. Can the forfeiture account be used to make participants whole after the money has been transferred as part of the re-allocation process?

Are there any legal issues in obtaining life insurance beneficiary designations electronically?

We now have enough welfare plan 5500 filings to justify naming someone (not me, thank you) as our "welfare plan 5500 person". I have attended Corbel's 5500 annual update several times, but I'm looking for training specific to welfare plans. I seem to remember that the firm in Kansas City with a name similar McKay Hochman (Meyer Hoffman?) used to provide this training. Does anyone know of training available for welfare plan 5500's?

Thanks. Maverick

How are distributions reported from NQDC Plans? I am not sure but I think if you are an employee it is reported on your W-2. If your a non-employee then it is reported on 1099-MISC. Is this correct?

The plan is a former ESOP that has been amended and restated as a profit sharing plan. Currently, the plan provides for distribution in either cash or employer stock with respect to participants. Do you think that it would be permissible under Section 411(d)(6) to amend the plan to remove the employer stock distribution option with respect to a "beneficiary" of a participant?

The plan is a former ESOP that has been amended and restated as a profit sharing plan. Currently, the plan provides for distribution in either cash or employer stock with respect to participants. Do you think that it would be permissible under Section 411(d)(6) to amend the plan to remove the employer stock distribution option with respect to a "beneficiary" of a participant?

Plan year ended 09/30/2005.

ADP test failed and refund of excess contribtuion is required for $200 for a participant over 50.

Can this be treated as catch-up if the following deferrals occured?

$13,041.47 for the plan year;

$18,000.00 for calendar year 2005 ($10,458.35 in q1-q3 2005, $7,541.65 in q4 2005)

Company A has a 401(k) plan. For 2004 the employer submitted the December 2004 contribution with a January 2005 paydate in error. This was just recently discovered and we have gone back and re-tested the plan for 2004. The plan already failed ADP and ACP testing but now the refunds would be higher by $300. Since we are past the 12 month correction period we were going to correct using the one-to-one correction method under SCP.

It is my understanding that because the plan uses prior year testing so the QNEC would go to the eligible 2003 NHCE's.

The problem is when we allocate the $300 QNEC it results in contribution ranging from $0.10 to $7.00 and a large number of these participants have left the company.

Do I have to allocate this way - it does not seem appropriate to create 50 participant accounts for which the client wil be billed and go through all the work to pay out such small amounts. Is there any kind of deminimus amount provision for this? Any ideas on correctioning the problem?

Also, any authority for this? Thanks.

I'm trying to get a sense of how prevalent HSAs are in the California healthcare industry, specifically hospitals. Does anyone have any idea where I might be able to obtain any current survey data?

2004 rec'ble for a ps plan was $29,067.99. Client makes a deposit 4/28/05 of $30,000 anticipating a contribution in 2005. Medical practice not doing well, does not want to make any contribution, Oh, the plan is top heavy!

Client's accountant says to pay out the difference of $932.01 to us as TPA for our services. (He shows $29,067.99 as the deduction in 2004) I'm trying to convince the client this is not correct(or is it?) since she clearly made a one time deposit of $30,000 and intended it all to be contributions and contributions cannot be re-characterized.

Any references in the code that I can send to the accountant? Thanks.

Linda Michals

Have a client who has decided they would like to become a Safe Harbor plan in order to avoid ADP/ACP testing. With the 30 day notice requirement- I am assuming it is too late for 2006. What if the client changed their plan year from a 12/31 to a 3/31 so they could move to a SH plan 4/1 and have time to get the notice out. can that be done and what other implications might this have (other than the traditional short plan year things)? thanks.

The rules under 1.410(a)-7(a) require that the employee's hire date be used to calculate periods of service for vesting purposes when the plan uses elapsed time for vesting.

For a new plan (not a successor plan) the law permits the plan to exclude for vesting purposes all service prior to the effective date of the plan.

Therefore there is a conflict between these rules which seems to be resolved by 1.410(a)-7(a)(3)(ii)(B) which states the true hire date may be 'adjusted' for periods of service not required to be counted. Although this may create multiple 'hire' dates, that is just the way it is.

Therefore, I conclude that if a plan uses BOTH elapsed time for vesting, AND excudes years prior to the effective date of the plan for vesting, then those hired before the effective date have an 'adjusted' hire date for vesting equal to the effective date of the plan.

Any disagreement on this?

Now to figure out how to make the software work!

Is it possible for a cafeteria plan to give employees the option of making pretax contributions to a SUB fund whereby the employer will not have to pay FICA/FUTA taxes and the employee does not have to use after-tax dollars?

An employer has been operating a cash balance plan for the past 4 or 5 years. The employer is waiting for an IRS Determination letter relating to the plan's initial qualification. It is my understanding that the Service goes to great lengths to issue a favorable letter, having the employer make whatever changes to the plan that might be necessary in order for the IRS to give their blessing.

But what if, for whatever reason, the plan does NOT get IRS approval. Or perhaps the employer terminates the plan before IRS approval is granted?

In either case, I'm thinking the employees would be entitled to whatever assets had accumulated over these last few years. Obviously, if the IRS determines that the plan has not achieved qualified status, the participants would receive taxable distributions with no option to roll.

Could there be a circumstance where the assets would revert to the employer?

Must a participant loan policy allow a participant to revoke payroll deductions for repayment and force it to go into default?

Took over a plan where the required beginning date is defined based on the TRA '86 of age age 70 1/2, regardless of whether the 'EE has retired. Participants have been paid their RMDs based on that RBD. The employer now (2006) wants to amend that provision to the SBPJA date of the later of 70 1/2 or retires.

Can participants, who are over age 70 1/2 but not yet retired, now elect to suspend their RMDs because of the amendment? Or is it too late for those participants because the plan wasn't amended during the GUST remedial amendment period and such a participant did not make an election during that RAP?

I have a DB plan that is terminating. Has other two participants besides the owner. One participant has moved out of the country and the other is incarcerated. How would I go about paying these people out so that we can finalize the termination of the plan?

Please respond to the following email also:

Jamess@derbyco.com

Thanks,

James