How exactly do large publicly traded companies get required 404© information to participants.... prospectus, confidentiality information, etc. Is there any guidance out there for the practical operational things a new plan needs to know? You know.... Running a 404© for Dummies!!

May a 403(b) plan use "Separately Managed Accounts" as the investment medium?

Our enrollers are looking for software for one-on-one enrollment meetings where the participant's age, NRA, salary and deferrals are entered and the software projects account balance at NRA based on rates of return. Does anyone currently use anything like that?

Company X is a large employer maintaining self-insured medical coverage for its employees under a cafeteria plan. One portion of the plan provides that if an employee is terminated under the Company X severance plan, then if the employee elects COBRA, the employer would pay the share of premiums it wo uld have paid had the employee remained active for the first 6 months after terminating employment. Company X has acquired Company Y, a subsidiary of Company Z, and expects the closing to occur as of 5/1/2005. Because Company X expects to terminate the majority of Company Y employeees shortly after the closing, it would like to condition the 6-month emloyer subsidy of COBRA premiums upon the execution of a release by the affected Company Y employees during the remainder of 2005. The issue is does this condition need to or adversely affect testing under Code Section 105(h)? How would it be tested under 105(h)? Would putting the Company Y employees into a separate plan prevent an adverse test result?

Has anyone seen any updated guidance surrounding the application of the automatic rollover requirements for employer-sponsored plans that cover Puerto Rico residents? In the Federal Register issued on September 28, 2004, there were comments that the IRS and Treasury would be issuing prospective guidance on this issue prior to the effective date (March 28, 2005)

I would like to confirm my understanding about PHI.

A group health plan that provides benefits though an contract with insurance issuer or HMO is still a covered entity but is exempt from most HIPAA Privacy rules if it only receives summary health information or enrollment/disenrollment information.

If a participant comes to the "plan administrator" with a claims dispute:

1. The information the participant gives the plan administrator is not PHI.

2. When the plan administrator calls the insurance company to discuss the claim, it then becomes PHI because the information is coming from one covered entity (the plan) to another covered entity (the insurance company). If yes, is the plan then subject to all HIPAA Privacy rules? I think yes unless the plan administrator gets an authorization from the participant to discuss the claim with the insurer.

Please let me know your thoughts.

We have an on-site fitness center that is generally limited to employees with health insurance. We are considering opening up the entire center to all employees, whether they have our health insurance or not. If we do this, can we require the employee to demonstrate proof of health insurance (because they do not have our insurance)? We currently and will continue to require all employees wishing to participate to get a release signed from his/her PCP, but I was wondering whether we can go the extra step and require proof of health insurance from those employees not on our health insurance?

Thanks

We have an on-site fitness center that is generally limited to employees with health insurance. We are considering opening up the entire center to all employees, whether they have our insurance or not. If we do this, can we require the employee to demonstrate proof of insurance (because they do not have our insurance)? We currently and will continue to require all employees wishing to participate to get a release signed from his/her PCP, but I was wondering whether we can go the extra step and require proof of insurance from those employees not on our insurance?

Thanks

In 2004 I took a 401k inservice withdrawal, the amount was reduced by a 20% Federal Tax and some state tax. Now the IRS tells me I need to pay an additional 10% penalty. reading the tax forms, I do not qualify for the 10% penalty

excemption. Any thoughts on how to get around paying this penalty??

Thanks

Does anyone know when the IRS first started issuing determination letters for qualified plans?

Hi,

I am totally new to this area as work offshore and not familiar with the US at all. Can anyone help with some guidance on the following:

If someones father dies, leaving a number of IRAs to the child, who lives outside the US and wants to encash them and reinvest elsewehere, other than the estate tax to be paid, is there any further tax implications I should be aware of?

Thanks

I beleve I'm getting fee'd to death in a small Roth. My statment shows changes due to investment Results +$271.10 but later in the statment I see cash surrender value was reduced by the $90.78 surrender charge and $30.00 administrative fee. What are these fees and are they out of line? What are the going rates? I think it's time to move my money :angry:

Thanks

Deano

This is an excellent site! I have a ROTH IRA and have sold 3 individual stocks at a loss and rolled the remaining $ over into a "group fund" with Wachovia. Is the loss on the stocks deductible on 2004 taxes?

I'm very pleased at the wealth of IRA information on this site. Hence the following questions.

At what point is the removal of funds from an IRA account considered a taxable event?

Under what conditions can an individual transfer the IRA funds to another IRA account?

Does the IRA custodian immediately report every such transfer to the IRS?

Many thanks in advance for your answers.

Is there any reason a PS plan with annuity options cannot be amended for the involuntary automatic rollover between $1000 and $5000? I question this because I have been told that these plans would need to be amended to reduce involuntary distributions to $1000 or less otherwise they must amend to eliminate annuity options. What about MP or DB plans that are required to offer the QJSA?

50. Nobody else will answer my 415 question

49. He was like an automatic eraser on a typewriter; if you make a shaky comment you get challenged on it right away.

........................add yours..........

I changed jobs and now signing up for my new 401K. I now have an issue with the max limit contribution because of HCE.

What is the max limit that I may contribute?

How is it calculated?

I have another question to ask but will wait till this one is answered...

At last a guy has taken the time to write this all down. Finally, the guys'

side of the story.

We always hear "the rules" from the female side. Now here are the rules from

the male side. These are our rules! Please note... these are all numbered

"1" ON PURPOSE!

1. Learn to work the toilet seat. You're a big girl. If it's up, put it

down. We need it up, you need it down. You don't hear us complaining about

you leaving it down.

1. Sunday sports. It's like the full moon or the changing of the tides. Let

it be.

1. Shopping is NOT a sport. And no, we are never going to think of it that

way.

1. Crying is blackmail.

1. Ask for what you want. Let us be clear on this one:

Subtle hints do not work!

Strong hints do not work!

Obvious hints do not work!

Just say it!

1. Yes and No are perfectly acceptable answers to almost every question.

1. Come to us with a problem only if you want help solving it. That's what

we do. Sympathy is what your girlfriends are for.

1. A headache that lasts for 17 months is a problem. See a doctor.

1. Anything we said 6 months ago is inadmissible in an argument. In fact,

all comments become null and void after 7 days.

1. If you won't dress like the Victoria's Secret girls, don't expect us to

act like soap opera guys.

1. If you think you're fat, you probably are.

Don't ask us.

1. If something we said can be interpreted two ways and one of the ways

makes you sad or angry, we meant the other one.

1. You can either ask us to do something or tell us how you want it done.

Not both. If you already know best how to do it, just do it yourself.

1. Whenever possible, please say whatever you have to say during

commercials.

1. Christopher Columbus did not need directions and neither do we.

1. ALL men see in only 16 colors, like Windows default settings. Peach, for

example, is a fruit, not a color. Pumpkin is also a fruit. We have no Idea

what mauve is.

1. If it itches, it will be scratched. We do that.

1. If we ask what is wrong and you say nothing,"

we will act like nothing's wrong. We know you are lying, but it is just not

worth the hassle.

1. If you ask a question you don't want an answer to, expect an answer you

don't want to hear.

1. When we have to go somewhere, absolutely anything you wear is fine ...

Really.

1. Don't ask us what we're thinking about unless you are prepared to discuss

such topics as sports, the weather, or hunting.

1. You have enough clothes.

1. You have too many shoes.

1. I am in shape. Round is a shape.

1. Thank you for reading this. Yes, I know, I have to sleep on the couch

tonight; but did you know men really don't mind that? It's like camping.

Pass this to as many men as you can - to give them a laugh.

Pass this to as many women as you can - to give them a bigger laugh!!

TWO GAP PERIOD INCOME ISSUES:

ISSUE #1: When do the new final 401(k) regulations require the payment of gap period income with corrective distributions? Is it for corrective distributions paid in 2006 (due to 2005 plan year test failures) or for plan years that start in 2006 (the corrective distributions from which will be paid in 2007)?

ISSUE #2: The new final 401(k) regulations at §1.401(k)-2(b)(2)(iv)(D) and (E) provide alternative methods to calculate the gap period income. Must the method be elected in the document? or may it be made (and changed) annually?

Company has a self funded health plan and firewalls have been set up between the plan sponsor and the plan. An employee with access to PHI inadvertently sent out PHI concerning another employee to the company's attorney who is handling an employment matter concerning that individual.

The company wants to correct the breach, so the employee is asking the attorney to return all the PHI back. The employee will be reporting this disclosure in the disclosure log, and will be taking steps to make sure that the disclosure does not occur again.

Is there anything else the company should think about doing (other than firing the employee)? Should it tell the individual who already is suing the company about the disclosure (as opposed to listing it as a disclosure if the individual ever requests an accounting)?