Is anyone out there ready to start administrating the Roth (401(k)? You can't help but pick up any news article and read about the pro's and cons of the Roth, but the articles never mention the fact that Vendors or administrators or even payroll providers are ready. Curious as to what people are doing right now in this area.

Thanks

How is the valuation and funding standard account handled for two plans that merge into one plan mid-year?

Any help is appreaciated!

We have a client that has contributed $200,000 to their DB Plan during 2005. The minimum required is $100,000 and the maximum is $250,000. The client wants to only deduct $100,000 for 2005 and deduct the remaining $100,000 in 2006. The contribution range for 2006 should be the same.

Is this possible?

Hello. In understanding the discrimination rules in an HSA, is it possible for an employer to fund different contribution amounts for employees? for example, if the can more be funded for employers with family coverage vs. single?

In January of 2005 my ex husband died. We were divorced about five years ago.

I received a letter from his annuity department asking me to sign a waiver for death benefits because I had signed a prenup. I signed the prenup four days before our wedding without legal council. Obviously I started the QDRO process.

The QDRO is about to be finalized. I recently received a letter from opposing council asking me to appear in court as the children of the deceased are contesting the QDRO. He participated in three plans. The plan has recognized me as the alternate payee. What are my chances of winning. Can I send someone to represent me in court. I filed the QDRO with a QDRO firm as opposed to going to a lawyer. This was a very costly process. The court date is scheduled in another state than I live in now. I really dont want to appear in court. I feel very uncomfortable in front of the family.

If I dont show up in court I dont see why this would decrease my chances for

winning this case. Arent ERISA laws on my side.

Please advise so confused.

Does anyone out there know if the PBGC changed its mailing address from Baltimore to Detroit? If so, does anyone know when they did this? We got back a premium form and check marked "refused", and we had no idea that they changed the address. It's in the 2005 instructions, but who looks at those anyway?

Who would you recommend for seminars on Cafeteria Plan technical issues?

For determining a control group under a brother-sister relationship, is the common ownership threshold still 80% and the identical ownership threshold still 50%?

Someone is suggesting that the common ownership threshold has recently been reduced to 50% or some lower percentage than 80%.

Thanks

If a participant fails to take RMDs for more than one year and then makes up for it in a subsequent year - taking all required up to that date - how is the distribution taxed? Is it all taxed in the year of distribution, or does the participant have to amend previous tax returns to include what should have occurred?

I have a 401k client with an age 21 / 30 day eligibilty requirement. They were not letting PT employees defer until they reached the 1,000 hour mark, which many nver reached. Once we discovered they were doing this we referred them to counsel.

The attorneys (a well-known, large firm in our state) told them that the IRS was preparing a new ruling that could reduce the cost to fix the problem my client has. Has anyone heard anything about a new ruling for correcting this type of operational failure?

Thanks in advance!

Have a 50+ (9/30/05 fiscal) client that wants to max the PS contribution. Deferred $17,950. Can I calc the contrib so that he gets $45,000, or would only #3,950 be considered a catch up?

If a plan has a reduction in benefit accruals effective at the close of business as of December 31, 2005 and a 204(h) notice is required, what is the last day the notice can be mailed? (assume I mus provide the 45 day advance notice)

Will a mail date of November 16 be OK ? Is the notice considered provided on the date of 1st class mailing or do I need to back up the mail date to assume a day or two for delivery?

Is anyone aware of any type of software available to perform non-discrimination testing in a cafeteria plan? Thanks.

I did not see a thread on point here. We have a Multiple Employer Safe Harbor 401(k) plan. The primary sponsor is being acquired by a larger firm with a non SH 401(k) plan.

The question becomes - can the SH plan survive after the transition period?

If we can manage to have the new and old each be 410(b) groups, I think so but would like confirmation.

If we cannot keep them as 410(b) groups, what happens? Consider that this might not be known until after the year end, meaning we apparently are testing a SH and a NON SH plan together.

Note that the documents do NOT automatically include affiliated employers.

I remember seeing an article on the advantages and disadvantages of an employer participating in a multiemployer pension plan. Does anyone have the cite to this article? Thanks.

Am I right to assume that if I have four Roth IRA's, I can only contibute a TOTAL of $4000.00? For example, would I be maxed out for the year if I contributed $1000.00 each to all four?

I believe that there is a private letter ruling allowing a non-religious non-profit hospital to provide a parsonage allowance to a hospital chaplain under Section 107.

Is anyone aware of other instances in which non-religious, non-profit orgs have made use of the parsonage allowance? I am particularly curious about assisted living/nursing home settings.

Thanks much.

Can someone help me determine if I am reading the definition of "de-identified information" correctly? Reg. 164.514(b)(2)(i)© seems to provide that it is OK to not remove an individual's year of birth in creating de-identified information. In other words, it looks like a de-identified record could not include an exact birthdate, e.g. 1/1/1973, but could show the year of birth, e.g. 1973. Any thoughts?

I audit a profit sharing plan sponsored by a not-for-profit org. Employee salary reduction contributions are made to a 403(b). The Plan Sponsor is considering terminating the Profit Sharing plan and making contributions to the 403(b). I am aware of the the Title I requirements that will be triggered should we allocate employer contributions (either match or non-elective) to the 403(b). I am also aware of the 415 issue but this is not as much a consideration as this not-for-profit would never have the $$ to max. I understand that we can use permitted disparity in the allocation. Can they use a cross-tested formula?

Also, I would think that we could still impose the two years of service requirement on the non-elective contribution's eligibility. (100% vesting will apply). Do you agree?

IRA owner already begins taking RMDs. Designated beneficiary is spouse (7 years younger). IRA owner dies in 2005.

Is it correct that the remaining RMDs will be calculated using the spouse's life expectancy and the Uniform Lifetime Table?

Thank you!!