Am I correct in saying that if a one man show plan like a solo 401K plan has no other employees then that plan is not protected by ERISA? Not protected from litigation? That it is only protected when there are employees other than the owner/trustee/sponsor? We all know that ERISA was put into place to protect employees from being cheated... Does the DOL take exception when a one man show establishes a plan and hides behind ERISA in the event he is sued? In that scenario will his pension assets be attachable in the event of a law suit?

Any cites would be greatly appreciated... either way they fall.

We (TPA) were approached by one of the advisors we work with regarding their client who (1) did not amend for GUST and (2) terminated the plan and distributed the assets without documentation or election forms. The owner is the only participant. Apparently he called the IRS and asked them how to terminate the plan, and they told him to distribute all the assets and file a final Form 5500. Sheesh!

Do you think this can be handled through a single VCP submission? If so, I am guessing that the reduced nonamender user fee would not be available, even if by some miracle we could get it submitted by September 30. Is this the best way to handle it?

A sole proprietor dentist was the sponsor of a 401(k) plan. He died in November 2003. From January 1, 2004 through September 30, 2004, the estate has taken over the practice. On October 1, 2004, the spouse, who is also a dentist, will take over her deceased husband's practice. For 2004, how is the Profit Sharing contribution designated? Does the estate pay 3/4 of it and the spouse as the employer pay 1/4 of it? If so, does the estate then account for 3/4 of it on the tax return and the spouse account for 1/4 of it on her tax return? Or does the spouse pay all of it since she will be the plan sponsor as of the end of the 2004 plan year?

Is there any notice to participants (other than the statement in the SAR) required when a plan has an accumulated funding deficiency?

Company A currently sponsors a profit sharing plan for 15 wholly owned subsidiaries. Company A is now looking to buy another 10 companies. Company A may buy these new companies with Company B with each owning 50% of the new companies. Since Company A already sponsors a profit sharing plan, can the new companies participate in Company A's plan without creating a multiple employer plan situation? (I think we will create a multiple employer situation). The other option would be to have Company A buy all the new companies, manage all the companies and then pay B a fee. Thoughts?

An employee of our client had an individual health insurance plan and received preimum reimbursements from the health FSA. That employee who received the reimbursement is no longer employed with our client. The employee also may have been involved with administering the plan. Now that this has come to light, how can we correct the mistake? What are the consequences to the plan for making these prohibited reimbursements (under Prop Reg 1.125-2, Q/A-7(b)(4))?

First let me say that DB is definitely not my area of expertise!! Can anyone give me a mathematical formula to determine the present value of an accrued benefit. I have the monthly benefit amount and the participant's date of birth and normal retirement age. My assumptions are: 1983 Group Annuity Mortality Table and the applicable interest rate is the rate on 30 Year Treasury Securities. Sorry if this sounds like a stupid question. Thanks to any and all who care to reply!!!

This is another end of the year valuation question.

Part of the quarterly penalty calculation involves determining the minimum funding requirement at the beginning of the year.

The actuary has decided to change interest rate from 5% to 7% at the 12/31/2003 valuation.

The credit balance is brought forward with 5% to 12/31/2003.

However, when the minimum funding requirement is determined (using the 7% interest rate) WHICH interest rate is used to bring it back to the beginning of the year??

A 5%

B 7%

The IRS appears to say that everything that happens prior to 12/31/2003 is at 5% and that the change does not occur until then.

Thanks to any responses in advance.

Our company is exploring a joint venture where we would have 50% ownership. Can the employees from this company be put on our benefit plans? What other considerations should I be thinking of?

I'm 31 years old and ready to invest in a roth ira. I plan on maxing it out every year until I retire at age 60-65. My question is since I will be putting in money every year for at least 30 years how can I choose now which roth ira will bring me the best investment. I don't want to get locked into a situation 10 years from now where I realize that I made a mistake in choosing the roth ira that didn't bring results.

Also, can I invest in a mutual fund and set it up so that every Jan 1st they deposit $3000 into the roth ira?

Any help would be appreciated.

Participant had vested balance > $5,000 at termination. At Age 70.5, minimum required distributions started. Balance at 12/31/03 was approximately $4,900 (after two years of MRDs). In case where balance at termination exceeded $5,000, plan document states that if the balance "subsequently falls below the cash-out amount for any reason prior to the commencement of installment or annuity payments", that amount may be paid in a single sum.

In this case, may the Plan Administrator pay out the $4,900 in early 2004 or is there a prohibition against this once the Age 70.5 distributions begin? Or is there a presumption that minimum required distributions will continue until they reach $5,000 and are then paid out?

On a separate question, is the exclusion of rollovers for determining the cash-out limit (per EGTRRA) an election or by default? If no election is made, is the Administrator required to include the rollovers?

My company is doing a joint venture with a small firm that has operations both in and out of the US. Question was posed to me as to whether or not the US employees can be offered our benefit plans. From my understanding, we will own the company 50/50 with another firm. Any thoughts?

I'll definitely check on this with our ERISA counsel but just wanted to get some preliminary thoughts from you all.

Thanks

I've gleaned what I can on restructuring under the (a)(4) regs, plus reviewed some good prior threads on this service (benefitslink). Does anyone know of any seminar articles or other sources that might also help illuminate the rules and scenarios where restructuring can be helpful ? Thx.

Stupid question:

Plan document says plan year end is February 28

This is a leap year so February has 29 days.

Does the 2003 form 5500 get filed for the plan year 03-01-2003 to 02-28-2004 or 03-01-2003 to 02-29-2004.?

Can anyone please tell me where to find these notices? Thanks for your help.

I have a determination letter request pending with the IRS on a DB plan. We are using a prototype document. The regular vesting schedule is 5 year cliff and the top heavy schedule is 2/20. The IRS is saying we must amend the top heavy schedule because it is not as favorable as the regular schedule in the 5th year. They are asking that we amend to 3 year cliff or change the 2/20 to 100% in the 5th year. I've never had this come up before. I understand there are protection issues when a vesting schedule changes but is this a valid request?

If benefits from an IRA are paid to a trust for the benefit of a child under a Will with distributions made at ages 25, 30 and 35, when calculating minimum distributions, is it based on the life expectancy of the child with accelerations at 25, 30 and 35 or do we presume that the person only has a 15 year life expectancy (presume dad dies and the child is 20 at the time death occurs)?

I also posted this in the Health Plan forum,,,,

We currently pay 100% of the insurance premiums for both individual and family coverage. We would like to decrease the number of individuals electing family coverage. There are a few ideas that have been thrown around:

1. Implement a full flex plan, provide employees with $X with which to purchase items they would like (health, dependent care, medical FSA). If they do not use all the money, they get the cash.

2. Simply paying employees to not select family coverage.

3. For those employees who are eligible for, but do not select family coverage, making an employer contribution into the 401(k) Plan (would this be subject to vesting?).

Any insight, issues, problems with any of the three above?

Thanks,,,

We currently pay 100% of the insurance premiums for both individual and family coverage. We would like to decrease the number of individuals electing family coverage. There are a few ideas that have been thrown around:

1. Implement a full flex plan, provide employees with $X with which to purchase items they would like (health, dependent care, medical FSA). If they do not use all the money, they get the cash.

2. Simply paying employees to not select family coverage.

3. For those employees who are eligible for, but do not select family coverage, making an employer contribution into the 401(k) Plan (would this be subject to vesting?).

Any insight, issues, problems with any of the three above?

Thanks,,,

We have a client that wants to set up a 1 person 401(k) Plan. It will start now and run on a short plan year. There will be a rollover from a previous plan. Is he required to make a contribution during the short plan year? If so, what is the minimum? Is there a minimum he must make next year during the regular plan year? If so, what is it?

Thank you for your insight on this topic!