I have a plan that currently has dual eligibility - no service or age requirement for deferrals, one year and age 21 for match. They are thinking of changing to safe harbor in 2005, and making the tiered safe harbor match. Does the dual eligibility cause any type of problem with satisfying the safe harbor?

If a taxpayer has funded a Roth, but determines later that he is not eligible for a Roth, can it be recharicterized directly into a SEP-IRA? Thank you.

Plan year ran from May 1 - April 30. They are changing to a short plan year May 1 - Dec 31 2004 - then running on a calendar year.

The company gives a Safe Harbor contribution of 3% as well as a profit sharing contribution determined each year. What is the latest possible date they would have to pay these in? (They have already paid May 1, 2003 - April 30 2004) they are looking at cash flow issues.

Thanks!

Mike

We administer a plan that has a 65% interest in a joint venture. The other company in the joint venture also sponsors a plan. When an employee from the plan we administer goes on the payroll of the other plan, their HR is requesting we transfer existing balances to their plan with no distribution forms completed.

Must participants (with >$5000) transfer their balances, or can they be terminated and leave their balances in this plan? Can the other company request plan to plan transfers?

Family owned business, not a partnership, owners are 2 brothers plus wife of one is sole employee. They have been shown a Uni-(k), but I haven't seen this type of relationship mentioned as eligible for individual 401(k) arrangement. Any ideas?

We acquired a 403(b) match plan. The eligibility states that "you must make a 403(b) deferral contribution to be eligible for the match". It also requires 1,000 hours to receive a match. Here's my question: Who do I include in my ACP test, only those deferring OR everyone in the company who works over 1,000 hours with deferrals, OR everyone with deferrals regardless of the hours? Thanks.

I know with the changes of EGTRRA - you may now rollover after-tax to another qualified plan, but, I am unsure if you are able to rollover after-tax to an IRA. Could someone lead me in the right direction to verify this?

Thanks

Does anyone know if the pending NQDC legislation eliminates the ability for participants to make the NQDC/401(k) tandem election under PLR 9530038(Also sometimes called mirror plans)? Is this an in-service withdrawal that is no longer permitted?

Annually, a participant defers into the NQDC plan and elects after adp/acp testing is completed, to transfer to the 401k or receive as a refund, an amount of the NQDC contribution (and match, if applicable) to the 401k plan that would not cause a failing ADP and ACP test.

Participants make the tandem election prior to the beginning of each plan year for deferrals in the upcoming plan year.

Thanks,

Melanie G

If an employer makes his deposit timely, but the broker deposits to the Profit Sharing Plan and the error is not discovered until after September 15, does a funding deficiency exist? Is there any remedy for this?

There is a lot written about leased employees, but I cannot find anything that addresses my specific question. I am looking for guidance on how leased employee service counts for benefit plan purposes when the former leased employee is subsequently hired by the organization. Anything you can point me to would be appreciated.

Is a (grandfathered) Governmental 401(k) plan that covers a Hospital (Board of Directors appointed by local government) still exempt from ADP/ACP Tests?

This has probably come up before...

when defaulting on a loan, do you use the loan value as of the last payment or as of the last date of the cure period? I guess another way of phrasing it is: what is the date of default? e.g. a loan payment is made on Feb 1, and the outstanding balance is $5,000. No payments after that and the cure period ends on June 30. Is the default amount $5,000 or do we have to add interest to June 30?

I'm inclined to think $5,000...

as the owner of a tpa can i sue an employee for making serious mistakes which has led to a lawsuit?

i use to own a tpa firm. recently the tpa firm was sue by a client due to the negligent work of an employee. ( i am still on the hook for the lawsuit) is there any way I can sue my ex employee?

An employer has set up the plan to permit a greater death benefit for long term than for shorter term employees. If an employee terminates service and is then reemployed 3 years later, would the prior service count so that he gets the higher death benefit, or would he have to start accumulating years of service again before getting the higher benefit?

Does anybody have good instructions about fees reported on Schedule A v. fees that should go on Schedule C? The Form 5500 instructions for both schedules aren't especially helpful.

I believe that a contribution can be made into a Keogh plan or a SEP plan on behalf of a deceased owner based on income earned before he died. I'm trying to find something that confirms that for me, but I'm not having any luck. Any ideas --or am I wrong.

I hope this isn't too easy:)

SIMPLE IRA has been around for 4 + years; No future contributions will be made after 12/31/04 and a new 401k plan will start up 1/1/05. How are distributions to be handled from the SIMPLE? I realize that since SIMPLE is not a qualified plan, the money can simply stay where its at. But should/can the plan provide distribution paperwork that would allow cash or, more importantly, rollover distributions to the new 401(k)? Are there any tax consequences (eg, 10% premature w/d penalty or the 25% 2 year violation) if the money is rolled over into the new 401(k)?

Thanks

I'm not real familiar with SIMPLE's but an employer has maintained one for 5 years, and has gone over 100 employees in 2004. They will use a 401(k) in 2005. Can the employer continue to actively fund the SIMPLE through the end of 2004, or does the employer have to stop in the month the company exceeded 100 employees?

A publicly held corporation has an existing DCP and is thinking about implementing a Rabbi Trust.

1. Do they need board approval on just the Trust implementation? They already have BOD approval for the plan.

2. Any other necessary disclosures - proxy/annual report/etc.? I don't think so, but always defer to my peers to bring up something I've never heard of

With the pending legislation, I think that Rabbi Trust implementations will probably become popular with existing plans that don't have them. Appreciate your thoughts on this matter.

Thanks!