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Tax question
Is long term care tax deductible (premiums) for the employer and the employee receiving the benefit or just one or the other?
Thanks
(just curious)
SSN disclosure via separate document
Alternate payee, wife, wants to omit social security number from the QDRO and disclose it via a separate document. Her concern is identity theft. Her statement is that the QDRO is a public document. (I'm not sure how the supporting disclosure of her SSN via the other document would not be public unless it's sealed????)
OK to do this and what would be the required procedure to make sure this requirement of the QDRO is met?
Safe Harbor Plan and Controlled Group
A large (and ever growing) controlled group has several Plans. Some have an Employer Match, some do not. All Plans pass coverage separately, except one which relies on the Average Benefits Test (there is also a DB Plan). All are tested separately for ADP/ACP.
One Plan wishes to be a safe harbor plan. Is there any problem with one plan in a controlled group becoming a safe harbor Plan? Is this addressed anywhere? I see the references in notice 98-52 to aggregation and disaggregation but it does not specifically address controlled group.
If an HCE transferred from the safe harbor plan to a plan in the group that does not have a match would the match have to be refunded to him? Would any problems of this nature be solved if HCEs were prohibited from receiving a match?
Thank you!
taxation of deductible reimbursements
An employer with a 125 plan wants to increase decutibles, but only require employees to pay the old amount and therefore reimburse employees who exceed the old deductlbe amount up to the new amount. Is the payment from the employer to the employee for the difference in deductible taxable to the employee? I'm not much of a tax guy.
taxation to participant
An employer with a 125 plan wants to increase decutibles, but only require employees to pay the old amount and therefore reimburse employees who exceed the old deductlbe amount up to the new amount. Is the payment from the employer to the employee for the difference in deductible taxable to the employee? I'm not much of a tax guy.
Trend for 2006 renewals
I am a "newbie" ... are there some sources I can go to which publish what health insurance trend has been for 2005? Our firm just got our 1/1 health insurance renewal. My carrier had trend of 12.5% and I'd just like to see how that compares to the industry average. I tried mercer.com and couldn't find anything, and on milliman.com they only have 2004 trend. Where can I look to see what insurance carriers are averaging for 2005? If anyone could give me some advice I'd sure appreciate it.
Question on start ups that pay employee's COBRA premium from former employer until they have sufficient employees in CA (home state) to qualify for a group plan.
A start up will pay COBRA premiums for new employees until they have enough employees in California to quality for a group health plan since most of them are out of state currently. The maximum head count will be under 20 once the company is in place.
Since the premiums are paid by the new employer for the COBRA premiums for continuation coverage from a previous employer on behalf of their new employee, two questions:
1) Are these COBRA premiums deductible to the corporation as an expense if they provide this for all the new employees in lieu of a group health plan?
2) Are these premiums tax free to the employee or taxable income?
I know that most do treat them the same as group benefits and have had no tax issues but wondering if it is sanctioned by IRS or not. On one hand, they are the new companies employees and these are employee benefits. On the other hand, the benefits are not tied to the current employer but to the previous employer.
I would really appreciate your help on this because I looked through tax facts 2005 and other publications and could find no mention of this.
THANK YOU!
Eligibility for Cafeteria Plan.
Can an employer, with two classes and waiting periods for benefit eligibility, offer a Cafeteria plan with two waiting periods?
Great Plans
Commercial Message deleted.
To post commercial messages on this site, please contact Dave Baker at davebaker@benefitslink.com
Self-Employed Deferrals
Hi,
Can anyone please tell me if small business owners are allowed to defer after the plan year has ended? That is, can they defer at the same time that they are making their profit sharing contributions.
Thanks.
Reg
How do you discontinue a VS specimen plan?
We no longer wish to maintain our volume submitter specimen plan. Does anyone know what we have to do to discontinue it? Is there any guidance regarding what kind of notice must be provided to adopting employers, etc.? Thanks.
Employer securities in a DB plan grow to more than 10%. Now what?
A DB plan has held a small amount of employer stock for several years. The stock has done fairly well and we were just told that it represents about 18% of the plan assets.
The employer can sell enough stock to bring the level in the plan down to below 10%, but was there a prohibited transaction (and applicable penalties due) for the period that the employer stock exceeded the 10% limit?
eligible employees
An employer asks if he only pays people via 1099 does he have to let them participate in a business retirement plan. Does anyone have an answer to this?
Form 5500 for cancer plan w/<100 & premium paid all by ee?
According to the DOL regulations Sec. 2520.104-20(b), the cancer plan doesn't appear to be excepted from the Form 5500 filing requirement, but I was under the impression that if a plan has less than 100 participants and is fully-insured, it didn't have to file a Form 5500. Am I missing something? Any thoughts would be greatly appreciated.
Loan Amortization Hell
Our small (but growing) TPA firm is looking for a flexible loan amortization software (either an Excel macro or stand-alone). The one in Relius is OK, but lacks some printing options we would like. We wouldl ove to find something that allows us to change most of the variables. Can anyone point one out to us?
Merger of underfunded Defined Benefit Plans
We have a client that sponsors two DB plans, one for hourly employees and the other for salaried employees. Both plans are underfunded on a termination basis (417 interest rates).
The client wants to merge the plans into one plan. In order to comply with 414(l) what do we need to do? What type of statement needs to be attached to the form 5310-A?
Two different vesting schedules
This question was posed to me today:
Re: Changing the Vesting Schedule
You would not be able to keep the prior vesting schedule for the monies deposited before their desired vesting schedule change, while having monies deposited after this change subject to a differing vesting schedule.
Since you are proposing an accelerated vesting schedule, we needn't be concerned with protecting a participant's vesting percentage as required per IRC §411(a)(10)(A). However, the IRS interpretation of IRC §411(a)(10)(A) can be used to help explain why you can't have 2 vesting schedules apply to the same contribution(s).
The IRS interprets the code to indicate a participant's vesting percentage rather than account balance must be protected in the event of a vesting schedule change. It would stand to reason then that the IRS would view a change to the vesting schedule as applying to ALL contributions (rather than just the contributions after the effective date of the change) since the participant is now 100% vested.
What we are saying is if you changed to a 100% immediate vesting schedule, you would need to apply this to all monies--not just new funds.
I think the question being posed to my office is that this is employer money that is currently on a six year graded schedule, and as of 1/1/06, the company wants to change the schedule to 100% immediate, but only to moneys that go into the plan after 1/1/06. So all er money in the plan before 1/1/06 would stay at the old schedule.
We are contacting Datair to see if the plan doc allows for this crazyness, but if it does, I would imagine that the monies would need to be segregated.
My boss just told me that this is a 401(k) Profit Sharing plan, but we are not sure if the source in discussion is P/S or match. Thanks for your thoughts and opinions!
ROTH start up question(s)
I'm 23 years old and I'll be getting married in about a month.
A short term goal of mine is to get set up with a ROTH IRA.
Is there any benefit to making this happen before I am married? Is there any benefit to waiting until after I am married to get started with a ROTH?
FYI - I already contribute to my 401(k) so I've got long term savings started already, I'm just looking for more.
Any help would be appreciated.
Thanks
Automatic enrollment and deferral increase
Does anyone have or know where I may retrieve a generic notification and a waiver that could be distributed to employees. Im looking for the correct language that must be in a notification.
SEP-IRA and Roth contributions allowed at the same time?
I have a SEP-IRA my company contributes to each year on my behalf, approx $10K - $15K. None of the money that goes into the SEP is my own, it's all company money. I was told by our company's financial advisor that I could open a Roth IRA and contribute to that on my own, but cannot contribute to a Traditional IRA -- is that correct?
I do have a Traditional IRA set up at Vanguard which I have periodically rolled over funds from the SEP-IRA into. The company SEP-IRA is at the evil Putnam Funds, so I try to move the money out of there as fast as possible. I assume these rollovers do not count as "contributions" to the Traditional IRA -- at least that's what Vanguard reps led me to beleive.
I'm single, make $80K year, 40 years old.
Thanks.









