Is there an expriation year for the small business 401k tax credit?

A participant is getting divorced. They are amicable and are using a mediator. They are splitting everything and are each keeping their own retirement plans.

The participant is keeping the home and will pay the exspouse the equity. The participant was wondering if they could use their 401(k) to pay this amount?

Would this count as a hardship - payment towards principal home? - I wouldn't recommend this due to taxes, penalties etc... But he wanted the option.

A loan is available to him - in this case may he exceed the 5 year payback limit?

Could he get a QDRO to pay the exspouse out of the 401(k) and use that to reduce the equity owed to her on the house?

He is just looking for options. Thanks!

I'm terminating a plan, they have never filed for a determination letter before, does an opinion letter act as a determination letter?

Client wants to purchase an annuity to provide the payment. Would this be considered to be a payment "on behalf of the restricted employee" and therefore not allowed?

I have a thrift plan for union members of a board of education. Currently it requires after-tax contributions and has a vested match. It is on a profit-sharing prototype. They want to add a 414(h) pick-up of 5% mandatory contributions and change the after-tax to voluntary. An "authority" tells me this can not be accomplished on the prototype and requires an individually designed document. I have reviewed past posts and am not sure about this. Does the document need to specify 414(h) pick-up? What needs to be included in the document? I am totally confused by the whole "pick-up" idea. (So confused, I don't know if this post should be under 401(k) plans). Any help or resources would be appreciated.

Thank you!

There was a brief article on this subject in BenefitsLink today:

http://oppenheimer.com/news/detail.asp?id=631

This was interesting, as I hadn't realized that this had changed for "most situations." Does anyone know what the exceptions would be - in other words, in what situations would this outcome/relief NOT be true?

I've seen from a couple of sources that IRS is planing on issuing revised Employee Plans Compliance Resolution System materials later this month.

One of the big changes is that employers will be required to contribute only 50% (rather than the current 100%) of average pre-tax deferrals for employees who were improperly excluded from participation.

I'm currently in settlement negotiations for an employee who was improperly denied participation in an elective deferral plan for about five years. We've based our settlement position on the current IRS EPCRS requirement that the employer contribute 100% of average deferrals. If the new EPCRS will cut that contribution in half, I'm concerned our settlement also will be halved.

Any thoughts on how I should proceed? The material when it comes out might address the situation, but I don't know if it's safe to wait that long if it ends up being unfavorable to the client. Our backup plan was to involve the DOL if a reasonable settlement couldn't be reached, assuming they'd recommend a correction similar to EPCRS. I don't think we can be too sure of our initial settlement calculations now.

what are the guidlines for being considered a Highly comp and or a Key employee for a 401k plan

are the guidlines different for 125 plans and 401k plans when it comes to who is being considered as being Highly Comp and or a Key employee?

Plan is terminating in 2005. Therefore, there will be 2005 SH contribution owed to everyone eligible. How does this get paid?? Do they have to fund it before the participants take their distribution, or can they just fund it by the time their corporate taxes are due 9/15/06 and cut checks directly to the individuals since their accounts would already be distributed from the plan?

I have no idea how to handle this?

What is a "reasonable" fee to charge a non-active participant under the automatic rollover rules?

Is $100/year reasonable?

Just a the question posed - How long does a company need to keep copies of their Form 5500? Thanks!

Although it is a hot topic on another board, I have

seen no mention here regarding the new LM-30 filing

requirements. The LM-30 falls under a set of

labor laws but it will directly affect Taft-Hartley plans. If

you deal with these groups you need to get up to

speed. The Office of Labor Management Standards

website is a good place to start.

www.dol.gov/esa

Plan has reached point where annual audit is required. Client is looking for CPA to handle. CPA is saying he has to go back to year 1 to follow balances up through present. Plan was set up in 1979. He says initial fee for doing so would 25K to 30K. Thereafter, CPA says it would be 7500 per year. Question is do audit requirements really require going to year 1 of the Plan? Thanks.

Can anyone offer me guidance on participants stock piling otc items etc... at the end of the plan year. I know it could come back on the participant in an audit, but just want to know if it could come back on me also. Is it my place to question that, or does the burden lie on the participant? Thanks

Sorry for such a dumb question.

Valuation is performed at the end of the year and the RPA liability is 150,000 and assets are 100,000. The assets include a prepaid contribution of 10,000 which receives an interest credit of 700. No credit balance.

The 412 FFL is 150,000 * .9 - (100,000 - 10,000 - 700) = 45,700.

The 404 FFL is 150,000 * .9 - (100,000 - 10,000) = 45,000.

Maximum contribution is the unfunded current liability of 150,000 - (100,000 - 10,000) = 60,000

Do these numbers appear to be correct?? Specifically, the question is regarding the inclusion of the interest on the prepaid contribution when calculating the limit for 412.

We have a client who is a US corporation, with a foreign subsidiary. Must the foreign subsidiary be covered by the SIMPLE-IRA of the US Corporation due to being part of a control group?

The subsidiary employees a couple of US Citizens who earn both US and Foreign source income. Must they cover none, US Only, or both sources of income?

Are any of the coverage choices optional or is it requried?

Thanks!

Andrea

An employee requested a mid-year election change on account of her marriage and picking up coverage under her new husband's health plan. She now wishes to rescind that election change and continue her coverage under our health plan. Is this okay? (Our plan includes all of the status change rules set out in the regulations). Also, we have an administrative rule (clearly communicated) that employees must advise HR of a status change within 30 days in order to make a change--can this employee only rescind her election and resume her old election if it is within those 30 days? Can you cite authority for your answer? Thanks.

Considering a plan that provides 3% 401(k) SH, and 2% profit sharing for total of 5% (which meets TH) for NHCEs.

Cash balance plan is to provide 3% (with a minimum dollar amount of Employer dollars to pass non discrimination) for NHCEs.

Much more provided for several owners.

7.5% gateway is met, so plans are cross-tested for non-discrimination.

In the plan design consideration, in order to pass ND tests it required one NHCE getting a larger cash balance credit.

1. Is there a problem with one or say a few NHCEs getting more than the rest of the NHCEs? That is, does some classification of employment need to be created to avoid the effect of name enumeration?

2. I need to check this point out further myself, but to what extent can the above design be implemented for 2005 calendar (plan) year? Do we have to wait until 2006 for the SH plan structure? What can be done for 2005?

Thanks.

The new final 401(k)/(m) regs require that gap period interest is paid on refunds of excess contributions and excess aggregate contributions (ADP and ACP failures). Is there any requirement that gap period interest must be paid on refunds of excess deferrals (402(g) limit), or is that still optional based on what the plan says?

Thanks!