If a plan fails coverage and has to give a contribution to a terminated EE who is zero percent vested- is that okay? Seems like there would be some requirement that it be at least partially vested- but maybe not.

Please and thanks

A company is working under the Federal Contract subject to the Service Contract

Act, which states that an hourly amount ($2.59) be paid to the employee in

the form of health & welfare benefits for each hour worked. These dollars

are known as the "fringe" dollars. Fringe dollars can be used for either

health and/or retirement.

This company is putting the funds into a self-funded health plan

administered by a TPA (third party administrator). The funds accumulate in

the self funded insurance plan and pay claims as they come in. After the

year is finished, and claims from Nov. & Dec are paid, the plan then takes

the excess funds and puts them into a 401K. This happens sometime in Feb or

Mar.

Is there any ERISA violation here? I was under the impression that dollars

from year needed to be deposited into a 401K within the same year? Is there

any other violation here?

Thanks

Brad

I am trying to locate a form of a death benefit option agreement ("DBOA") under a Code Section 419(e) plan. Under the Code Section 419(e) Plan, trustee will pay 100% of scheduled premiums. DBOA will provide that trustee is entitled to 100% of the death benefits. I can't find a copy of such a DBOA. Any suggestions? Thanks in advance. Ed

I've been researching Deemed Roth IRAs under employer retirement plans and need to verify two conclusions I've reached, one of which just doesn't smell right.

1. The internet tax research network we use states ... However, the deemed IRA accounts are not subject to the ERISA reporting and disclosure, participation, vesting, funding and enforcement requirements applicable to the eligible retirement plan.

This would seem to imply that an employer can create deemed Roth IRAs for only a select group of individuals - i.e. only the HCEs or owners or officers. This does not pass my smell test. Does anyone have any insights on this?

2. Regular Roth IRAs have an AGI phase out. The research I've read seems somewhat vague regarding Deemed Roth IRAs. It states ... For 2005, the dollar limitation will generally be $4,000, plus an additional $500 for participants over 50. The maximum contribution cannot exceed the employee's includible compensation for the year. - It never specifically references and AGI phase out, however it previously states that the deemed Roth IRA must meet the requirements of 408A (which is where the AGI phase out is found) and also states Deemed Roth IRAs are subject the same contribution limits as regular Roth IRAs.

Any thoughts on whether the phase-outs apply to Deemed Roth IRAs?

Hi,

2 years ago I contributed $1500 to a roth ira. It was a contribution of my income, not a rollover account from another IRA. I want to withdraw that $1500 now and leave whatever profits I have earned in the roth ira account.

I'm prior to the 5 1/2 year limit, but I'm not withdrawing any earnings. Am I subject to any penalties if I do this?

I have to aggregate a ps plan with a db plan to test a4. NRA = 65/5 in the ps, 62/5 in the db. Each plan covers different people. Does this mean that I have different uniform normal retirement ages, and I can test at the latest uniform retirement age? Or do I have a non-uniform retirement age, so my testing age is now 65 across the board ?

In either event, db accruals have to be actuarially increased from 62 to TA. Does the increase apply to those accruals that are limited by 415 at 62 as well? Or can I make use of the fact that the 415 limit is constant from 62 to 65?

This I know: a participant terminates and has "over spent" his account, the employer does not need to offer continuation coverage; a participant has "under spent" his account, the employer must offer continuation coverage.

This I don't: At the beginning of the plan year the Employer gives money (assume $200/month) to each of the participants to shop for benefits. A participant terminates, and to date has not used up any of the money. Upon termination employer contributions cease. Must the employer offer the participant continuation coverage, and if so, would the participant then make a new election, or continue making the same contributions he elected (the amount the employer was contributing on his behalf)?

Does the answer change if the employee contributed additional amounts to the Health FSA (assume $100 on top of the Employer contribution of $200/month)?

October 15th is on a Saturday and we will have until Monday October 17th to mail the 5500 forms with extension for 12/31/2004 plan years. What date should be on Line 1 of the form 5558? Instructions say not more than 2 1/2 months. So, should we put 10/15/05 or 10/17/05?

For ESOPs that allow diversification per the regs, my client thinks there's a minimum amount under which you do not have to make the distribution payment. He thinks it's $500. Is anyone aware of where I might find that in the regs?

Sal Tripodi's book on the topic refers to Notice 88-56 but I haven't been able to find a copy of that notice.

Is a long term care plan subject to the 5500 filing requirements?

I had an employee that was with my corporation for 2 years (terminated in early 2005).

Per our plan documents, there are NO restrictions for participation (no 1000 hour requirement, no one year of service, etc.).

We do NOT match contributions.

This employee was never notified about participating in the plan and now there are other "salary" issues being "negotiated", so I want to know what "problems" this 401(k) issue might create.

What possible sanctions do we face for not including this employee ??

Does anyone have IRS code sections or D.O.L. regulations ??

In applying the 6 month waiting period for deferred comp distributions to "key employees" in public companies, the threshold question is "who is a key employee?" Never mind the fact that a lot of public companies probably aren't all that used to dealing with Section 416, we know that several of the Section 416(i) definitions are based on "compensation" which is ultimately defined in Section 415©(3) (via Section 414(q)(4)) -- rather unhelpfully -- as the participant's compensation for the year. However, Section 1.416.1 Q&A-T21 of the regs helpfully points out that "compensation" is defined in Section 1.415-2(d): the usual wages+non-deductible moving expenses+taxable welfare benefits+NQSO proceeds+amounts subject to an 83(b) election. Not too hard so far.

So the question is: when do you ascertain how much an employee's compensation is? End of the year immediately preceding the year of termination? Year-to-date compensation (i.e., comp for the year of termination)?

Because of the weird effects of using year-to-date compensation (e.g., non-key employee receives a NQDC distribution that transforms him into a key employee who must wait 6 months to receive the distribution that transformed him into a key employee--say that 3 times fast), it has to be year-end compensation from the year immediately preceding the year in which the termination occurs--doesn't it?

Anyone have any bright ideas about this?

Is section 457 the only choice for a 501©(3) to offer NQDC?

Thanks,

Ken Davis

A participant is past normal retirement age in a plan being tested for coverage. His benefit is the actuarial equivalent increase of the prior year benefit.

The coverage rules under 410(b) will deem this person to be benefitting even though there was no actual accrual increase.

However, it appears that under 401(a)(26) that this person could fail to get a 1/2% increase (generating a meaningful benefit) and be deemed to NOT be benefitting under 401(a)(26).

Is this a correct interpretation??

An employer has decided that it can no longer afford to make matching contributions to the 401(k) plan. The last matching contribution was made for the pay period that just ended. However, employees won't be notified for several more days. It seems to me that employees should be notified prior to the the last match so that they can stop deferring if they choose to do so. What are the employer's obligations relating to the match?

now what?

using nice rounded numbers,

required loan payments = $750,000 300,000 is principal, 450,000 is interest.

25% of eligible comp = 150,000

plan prohibits making a contribution greater than the deductibility.

so, do the loan payments release shares that are simply held in 'limbo'?

and then this is carriedforward, along with penalty for nondeductibility?

yes, this looks like some 'poor planning' on someone's part because the future will have the same problem.

When the books were reconciled in early 2005, it was discovered two deposits from early in 2004 were not made. We have calculated the lost earnings using the greatest rate of return of all fund options and are basing the excise tax on Form 5330 on this amount. Deposits were promptly made in early 2005 when discovered.

Looking at the 5330 instructions, it appears there are two taxable periods involved here, one for 2004 and another for 2005, although only one prohibited transaction, which occured in 2004. Any insight on if two 5330's must be filed? One for 2004 and the second for 2005? Or can we just report it on one 5330 using the taxable period of 1/1/04 -12/31/04?

thanks for any help

I am asking for recommendations for the problem in the daily valued plan of establishing the 50% of vested account value. In cases where the market declines, the amount of loan requested may be more than 50% of the vested account by the time the loan is processed. I have heard of several approaches including:

1. Set the maximum in the loan policy to a lower percentage such as 45%

2. Go by the value on the date the required signatures were obtained (in cases where loans require signatures as in a QJSA plan)

Where the loan requires advance approval or spousal consent, are there other options than the above?

Thank you,

I'm looking for a discussion of the issues surrounding the sham where an employer has an "understanding" with a retiring employee to rehire that employee soon after the employee receives a distribution from the employer's qualified plan. Anyone know of any secondary sources that address this sham? How about a discussion of methods used to prevent this from occurring...such as a rehiring policy?

For a 401k contribution, is a pro rata contibution required if open up a new plan at end of year? On Dec., 2004 client opened a 401k plan using the protype at a major stock brokerage company. He then made a contribution thru employee salary deferal (no employer contribution). Now employer is filling out form 5500 and the question has been raised by the CPA, must a contribution for the max. employee deferral of $ 13,000 in 2004 have been made evenly throught the year (once a month), or can it be done towards the end of the year in one lump sum? Client was unable to contribute evenly each month because the 401k program was not opened up by employer until 12-2004. This is the new 401k "uni-k" for one person "S" corps, which is why the brokerage company did not make the protype available until Dec., 2004.