Can a participant take a loan from her 401(k) plan knowing she'll be going on maternity leave in a month. She plans to be out on maternity leave for 3 - 4 months and then she plans to return to that employer. Are there special provisions regarding participants on maternity leave so that the loan will not be defaulted upon?

Suppose an employer that maintains a 401(k) plan in 2004 adopts a resolution to terminte the plan effective 12/31/04. There will be no deferrals, match or forfeiture allocations in 2005. Earnings will be allocated. Assets will be distributed during 2005.

Can the same employer establish a SIMPLE IRA in 2005? If so, what is the earliest day that it can be established? (i.e. 60 days after notice is given to employees?)

The way I am reading the regs, it appears that as long as there are no allocations of contributions or forfeitures (in 2005), we can go ahead and set up the SIMPLE. I would like confirmation of this, though.

Thank you.

How would you handle the schedule P for a self-trusteed plan when the trustee is deceased?

Can anyone comment on the following scenario?

Participant terminated employment 12/03 with an outstanding loan. For some reason, the loan was never offset. Can the plan now accept a total repayment of this loan?

I understand the loan was in default when one payment was missed, and that the loan should have been offset following a "reasonable period of time" as stated in the loan policy. But, this was not done.

Since a loan offset is an eligible rollover distribution, why couldn't you accept total repayment and keep the funds in a pre-tax status? Any cites would be greatly appreciated.

Thanks

If a plan converts from one recordkeeper to another and the required notice is given to all participants concerning the blackout. If the notice states the conversion will end at the end of October, but the new recordkeeper is ready to go live on the 15th, must a new notice with the new date be provided to all participants?

If so, what if something comes up at the last minute, will another new notice be required? What’s the incentive to get folks up and running sooner than the notice?

If a new 401(k) plan is being established where there was previously a SIMPLE plan, can vesting service prior to the effective date of the 401(k) plan be excluded or must service under the SIMPLE plan be counted?? Thanks.

Once the 25% penalty period on SIMPLE distributions has expired, do the exceptions to the 10% early withdrawal penalty apply as they would to any IRA? Participant is asking if they can take money out of their SIMPLE for qualified college costs.

Does anyone know if there has been recent regulation changes to COBRA requirements for MEWAs? If the MEWA is made up of employers over 20 employees and employers under 20 employees, are the small employers still exempt from offering COBRA? Do the small employers have to file special exemptions with the government to not be subject to COBRA?

Thanks.

Employer contributes the same amount to the HSA account of all eligible employees. In addition, Employer pays the premium for the underlying HDHP for officers of the corporation only. Any discrimination problem under 105 or 223/4980E?

Our company is an S corp and we are considering using a leveraged ESOP to maximize debt in connection with some planned acquisitions. I'm a generalist income tax type and I ordered the NCEO S corp ESOP book. Are there any articles about this? Doesn't IRC Section 404(a)(9)© prevent any benefit over a normal bank loan (i.e., without an ESOP)? Any other considerations/issues/etc.? Any suggestions on finding a good advisor? Thanks very much.

First, let me state that I don't deal with any other multiemployer plans!

I have a multiemployer plan with 2 QSLOB, so 2 Schedule Ts. Except that one of the QSLOB went out of business in April 2003 (employees were fired and then some were re-hired by the 2nd QSLOB).

One or 2 Schedule Ts?

Employer has a Profit Sharing Plan and a Money Purchase Pension Plan. The owner is the only employee and participant. The owner wants to have only one plan what should he do?????

1. Terminate Money Purchase Pension Plan and rollover over to PSP.

2. Merge/Transfer the Money Purchase Pension Plan assets into the PSP.

If #2 is done will the employer have to complete a 5310-A Form before the merger/transfer of plan assets.

These plans have been in existence for some time now but with the changes made to the 415 Limits the employer wants to only have one plan.

What is the best way to accomplish his goal....

Thanks...

I am a TPA preparing an IRS submission for a Determination Upon Plan Termination. Upon preparing Form 8717 (Rev. 9-2004), I noticed the form still contains the Certification for fee exemption under EGTRRA Sec. 620. I thought this exemption was repealed under Rev. Proc. 2004-8?

I have a client that would like to submit for a PTE to buy some land out of the plan. If the DOL approves the PTE, does anyone know how long an exemption is good for?

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.