What's the EPCRS correction for a plan that violates its automatic cashout rules (plan recently dropped down to lump sum distributions for amounts of $1,000 or less)?

I have often submitted amendments as proposed, i.e. unsigned but will be signed after IRS approval, with no problems. However, I attempted to submit the initial qualification of a plan as proposed, again meaning the plan would be adopted after IRS approval. It was unfortunately rejected by the agent. Anyone ever try this with success or know of a cite that spells out why this is not possible?

The whole idea is for the client not to sign (and be locked into) something the IRS will not approve of, which could then cause some nastyness to spew onto me.

No Andy, it is not a 412(i) plan.

Does 409A or its guidance set a limit for de minimus distributions?

May a participant OVER 59 1/2 rollover the SIMPLE IRA balance to a qualified plan with out having to wait 2 years from participation in the SIMPLE IRA?

My interpretation is that you do not have a wait if you are over 59 1/2 because you are not subject to the increased penalty, but want to make sure I am understanding this correctly.

Thanks!

We use AccueDraft for our clients' volume submitter plans and submit all of them for determination letters. If we have a new plan or an old plan that has been amended since the last determination letter, do we have until the end of the EGTRRA remedial amendment period to submit the plan (at least until 1/31/11 depending on the EIN)? I have read Reve Proc 2005-66. However, I am still not absolutely certain.

What is a "pension trust"? I've come across information on a "pension trust" that provides an entity with a funding arrangement by borrowing from a pension trust. Apparently, money is sent to a borrower's bank, and the bank will purchase gov't instruments to be held in trust. Money is sent to the borrower's account and the borrower pays interest to the bank on the loan.

Does this sound kosher?

I have a traditional IRA from rolling over retirement funds from a company I left. Can I now also open a Roth IRA and contribute to it? (leaving the money and traditional IRA intact.) Also could I contribute to both?

Thanks

Just putting together the 5500 to send out to the client when I noticed that the address and EIN don't match the 5558. I'm not entirely sure what the problem is (probably in someone's vision!), but the 5500 has the correct info. The plan name is the same on both, but I know that the EIN matters more.

The 5558 instructions don't have a mechanism for amending the form. Any suggestions as to what to do? How about an attachment to the filing explaining the difference (computer glitch, most likely)? I figure it couldn't hurt...

On the daring side, I could wait and see if it generates a letter from EBSA, except that the client actually did file 2003 late (in December 2004), and I'd like to avoid any possible flashbacks.

A school district established a 457(f) plan for an executive in August 2004. None of the deferred amounts are scheduled to vest until 2006. A consultant has come in and advised the district and executive that the executive would be better off if this were a 401(a) plan, so the proposal is to terminate the 457(f) plan and establish a new 401(a) plan.

I'm trying to figure out whether doing this would cause any 409A problems and if so, what? Since no amounts had vested under the plan as of 12/31/04, the plan is not grandfathered, so it's subject to 409A.

Q&A-20 provides that a plan can be amended to allow a participant to terminate participation with respect to amounts subject to 409A, without causing the plan to violate 409A, if the plan is amended before 12/31/05 and the amounts subject to the termination are includible in income in the year in which the amounts are earned and vested.

Under the proposal, the 457(f) plan will go away and be replaced with a plan that is exempt from 409A, and the participant will never receive any benefit under the 457(f) plan, so the amounts will never become "earned and vested" under that plan. But I'm wondering if Q&A-20 could somehow be interpreted to say that it doesn't matter that the plan is going away--whenever the amounts were scheduled to become earned and vested (in this case 2006), they still must be taken into income.

Any thoughts?

I have a university client asking how other universities treat adjunct professors for eligibility purposes. They used to have 2 classes per week, but now many are up to 3 or 4. How many hours are being counted (towards the 1000 for eligibility) for class time and prep time?

PS plan has the majority of their assets invested real estate, with the outstanding mortgages as liabilities. They also report to us, as a liability, a 7% sales commission if the property is sold. Would appear to be a bit aggressive. Anyone have an opinion?

Here's a question that has been posted on the DB board, but may get better response here.

DB Plans Topic posting

Have fun.

It's been a few years since I've kept up on health plan legislation, and am hoping someone has a quick answer to my question.

When a child of a domestic partner (who is not the employee's child) is covered under a sponsor's health insurance plan, should we be calculating imputed income on the coverage for that child?

In looking around at various articles, it seems to me the answer is "maybe". That in general, if the child has been living in the employee's household for at least one year, and the employee (or combination of employee and domestic partner) have provided at least half the support for that child, then yes. Otherwise, no.

Can anyone provide an update or clarification, please?

I have notice most lawyers automatically attach an IRS Circular 230 Disclosure statement at the end of all of their emails.

IRS Circular 230 Disclosure:  In order to ensure compliance with IRS Circular 230, we must inform you that any U.S. tax advice contained in this transmission and any attachments hereto is not intended or written to be used and may not be used by any person for the purpose of (i) avoiding any penalty that may be imposed by the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein.

Should non-lawyers (actuaries, accountants, ASPPPPPPA credentialed) do the same? What are you all doing?

Guess I should have searched first, but I'm still interested in opinions.

prior post 1

401(K) with profit sharing contribution. If catch up is being used is the maximum $42,000 increased by the amount of the catch up?

Thanks.

Steve

Can an employer make nonelective employer contributions to employees' medical FSA accounts that are contingent on the use of the contributions? For example, the contributions may only be used for certain benefits (e.g., may be used only for local providers but not out-of-state providers), and if an employee elects to use only out-of-state providers, s/he won't get the nonelective employer contribution? We want to encourage our employees to use certain providers over others.

A plan we have apparently has an employee who has been with the employer for 11 years, and has gone from being a full time staff person to an independent contractor who works 24 hours a week most of the year, except for 40hr/wk from mid-January to mid-April. The plan document is one of Datair's mass-submitter prototype non-standardized safe harbor docs, and only excludes union and non-resident aliens. The client thinks that she is no longer eligible to participate and should be paid out. She became an independent contractor in mid-2004, so the W-2 I have for her might only be for the first 8 months of the year (I am not sure). I definately beleive she cannot be paid out, but I am not so sure about the elig. part. Would it depend on the fact that she may be W-2 or 1099? Thoughts?

Thanks for your help!

A one person corporation with a DBPP with one participant withdraws money on a regular basis from DB plan.

No actual plan loans taken and no apparent intent to reimburse the plan.

It appears that this would be:

1. actual taxable distributions (not deemed distributions)

2. prohibited transactions subject to excise taxes.

Any comments on the above?

Also, if the amounts aren't refunded to the plan then the excise tax would be on-going year after year?

And lastly say a person makes a PT in the amoun of $10,000 on say 7/1/05.

Say the loan is repaid on 12/31/2006.

What is the excise tax for 2005? 2006?

Thanks.

Our plans give vesting and eligibility service to workers who have worked at our company through a PEO or other vendor and are hired as full-time permanent employees. We include a paragraph in the new employee guide stating that if someone did work for us as a temporary worker but were not on our payroll, they may be eligible for service credit in our 401k plan and defined benefit plan. We also get reports from our biggest PEOs/vendors and search for any temp workers who may have been hired by us. We ask the new employee to provide us with a statement from the PEO or vendor stating the dates he or she performed work for us and we credit the vesting and eligibility service accordingly.

Any opinions on whether we are meeting our burden under the law (isn't the burden on the employer to find these employees - please keep in mind that we have roughly 100,000 employees so identifying them can be difficult)? Anybody handle this differently?

An ESOP was amended into a profit sharing plan. TPA switched distribution forms to the typical profit sharing form for distributions without being noticed by the employer until recently. Plan states that the participants have a choice of cash or employer stock. Thus, former participants of the ESOP have not been given the opportunity to elect to receive their distributions in employer stock. If you made an application to the IRS under VCP, how would you recommend correcting the problem. We really don't want to go back to each former participant and know give them the option.