Hi, the last post I could find on this subject was from a few years ago. What is the deadline a plan sponsor has to get the employee payroll deferrals invested into the plan? According to my memory, it is either 15 business days after they are deducted from the paycheck, or 15 business days after the month-end in which the deferral was taken. Which one (if either) is it? Thanks very much.

Plan Document has the usual boilerplate QDRO language in it and includes the option to pay out before the normal QDRO Early Retirement Age. Given that, and given the plan has a lump sum option in it, do you use the age of the participant or the alternative payee for the present value of the accrued benefit (distribution). The plan document is silent on this issue and the QDRO merely mentions that optional forms of benefits can be paid, plan allowing (nothing further). If it's not a clear answer, any "actuarial norms" that can be argued either way ? or should I just bounce the draft QDRO back to the attorneys and make them hash it out ? Thoughts ?

I am trying to figure out what information I need to file a Form 5500 for a severance pay plan and am a little confused. What schedules, if any, should be attached? I assume there is some place where I can input the dollars that were paid out of the program? I am just a little fuzzy and any help is greatly appreciated.

Thanks

I am trying to figure out what information I need to file a Form 5500 for a severance pay plan and am a little confused. What schedules, if any, should be attached? I assume there is some place where I can input the dollars that were paid out of the program? I am just a little fuzzy and any help is greatly appreciated.

Thanks

Looking for a internet source of generic master documents to cover the following DB:

Small Business may produce insufficient income after a few years, and owner personally guarantees its various expenses, and approx 50k per year contributions to the DB for the next 15 years, with his personal cash from other income sources.

The owner wants to reduce his personal AGI from wages by being bound to funding the various obligations of the business when/if its income declines, including its contribution obligations for its 1 other employee.

Any viewpoints on this?

Company X maintains a cafeteria plan for its employees. LTD coverage above a base line percentage of pay is paid for by the employee with pre-tax salary reduction contributions. LTD benefits are self-funded using a nonexempt welfare benefit fund. Do the employees' pretax contributions to the LTD coverage have to get taken into account for purposes of determining the 419/419A limits?

We just found out that we misclassified four workers as Indep contractors (when they were really ees). I know this means that we have to pay them the benefits - but do we try to retroactively get them included in the plans (EPCRS, etc.) or do we pay them a settlement based on the amount of benefits they would have received? I looked at the plan document and we do not have the "magical" language (not an employee even if determined by a court after the fact to be an employee). Thanks for any help!

Does anyone have a good source for comparing the various valuation software programs that are available?

I have a plan that has two owners. Only one of the owners takes compensation in this plan though. The eligibility is 6 months wait and quarterly entry dates. Can we include the owner with no compensation in the ADP test? I want to say no because this owner has no compensation to defer into the plan, but I have received mixed feedback from various sources. Thank you for your help!

Are VEBAs required to have fidelity bonds?

Has anyone applied the substantiation guidelines to a cross-tested plan for 401(a)(4) and 410(b) purposes? I reviewed Rev Proc 93-42 but found no examples of how the substantiation guidelines would apply to rate group testing.

Thanks

Hopefully I don't sound stupid with this question, but I just want to be sure. Lets say a client moves their plan from one TPA/custodian to another. Assets are transferred etc. We also provide the client with a new plan document, and call it a restated plan of the original. Thus, I assume no change in plan number, plan effective date or change to the continuing 5500 etc.. Is this how it works?

Thanks

Anyone ever heard of the IA 81 Male or IA 81 Female tables? If you could point me to the qx's that would be great (assuming they exist).

Now that deemed IRAs are permitted in qualified plans, does it follow that after-tax IRA money may now be rolled into a qualified plan?

We got a strange call from one of our clients this morning. While a coworker actually took the call, I am doing the research. She has a new employee who is asking if he can roll his Roth IRA into the company's 401(k) profit sharing plan. I know starting next year, you can roll your distributions from a 401(k) etc into a Roth, but i have never had anyone ask me the opposite.

i want to say the answer is no to this bizare question. Thoughts?

what are an employer's disclosure responsibilities if an they would like to give a different matching contribution to different employee classifications? can they just continue to say the matching contribution is discretionary?

Under a non-qualified 401(k) excess plan, an executive made an election in December of 2004 to defer 10% of his compensation. Because the Company's qualified 401(k) plan uses the prior plan year testing method, in February of 2005, the executive is told that he can contribute 5% of his compensation to the qualified 401(k) plan. Accordingly, an amount is transferred from the non-qualified 401(k) excess plan to the qualified 401(k) plan. Given the existence of the PLR that indicates that such a tranfer is not a distribution, is this arrangement still permitted under Code Section 409A? Thanks in advance. Ed

I have found no direct guidance on the proper reporting of HSA contribuitons an employee makes through a cafeterial plan. It appears the Form 8889 (HSA tax form) only makes sense of this type of contribuiton if it is treated as an employer contributon. This also seems to make sense given the fact that cafeteria plan contribuiton of other types are generally treated as employer contribuitons and funds are returned to the employer if not used. Does any one have a different optinino. Thanks for your help.

Dean Huber

I have found no direct guidance on the proper reporting of HSA contribuitons an employee makes through a cafeterial plan. It appears the Form 8889 (HSA tax form) only makes sense of this type of contribuiton if it is treated as an employer contributon. This also seems to make sense given the fact that cafeteria plan contribuiton of other types are generally treated as employer contribuitons and funds are returned to the employer if not used. Does any one have a different optinino. Thanks for your help.

Dean Huber

A terminated participant in a profit sharing plan received a distribution in 2004 of substantially all of her benefit. She then died. Her account was then credited with about $12 of interest which was then paid to her surviving spouse.

The spouse has moved out of state and no one knows how to get in touch with him. Unfortunately, no one has his SSN either.

My question-how to report the distribution on the 1099-R? Could we include it on the participant's 1099 since the amount is so small? I'd like to do the right thing, but can't see doing a 1099 without a SSN and without a current address.

I'd appreciate any suggestions anyone has. Thanks.