the sponsor amend the plan (mid plan year) to exclude bonus for compensation when calculating deferrals? Can this be done mid plan year? The company currently makes bonus payments throughout the year.

I don't think this can be completed mid year and my boss seems to think it is okay.

Any ideas?

Is it correct that a Single-Participant 401(k) Plan does not have to file a Form 5500, until plan assets exceed $100,000? Also, is it ok for the investment advisor to use a "regular" 401k prototype plan document for a Single-Participant 401(k) Plan or does the plan document have to be specifically tailored for this type of plan? Thank you for your help.

Situation: Company A has a 401k plan. Company B buys the assets of Company A. Company A employees now work for Company B. Participants in the Company A plan can roll over their account balances to the Company B plan. Is there anything prohibiting the Company B plan from accepting rollovers of loans from the Company A plan?

Can I merge my roth conversion account into my existing Roth account? It would seem to me that I could since I have already paid the taxes on the roth conversion dollars.

Thoughts?

I'm 36 years old, just terminated employment with a non for profit hospital and have $16K in the 403b plan. I intend to return to work at another non for profit hospital in 7-10 years.

Should I keep my $16K within the 403b or consider rolling it into an IRA then into a Roth and paying the taxes now?

I'd appreciate any thoughts you might have.

Does anyone know where the exact IRC authority related to establishing private annuity payments and trusts might precisely exist?

For eg. a person sells his home and puts the proceeds in a trust and receives a private annuity.

There are actuarial aspects related to the computation of a private annuity, tax aspects relating to the accounting and taxation of such annuities and trusts and legal aspects related to the establishment of such a trust.

I am interested in the big picture on this subject, along with the comprehensive (or exhaustive) authority as to how the actuarial calculation is made.

Thank you.

Regarding the final regs.

Do they provide for the annual recalculation (for an ACTIVE employee over 70 1/2 and required to begin RMD at 4/1 > 70 1/2) of RMD based on PVAB each year and the uniform dist period?

ANd does this qualify for eligibility for a change in form of benefit to say a lump sum at actual retirement?

It appears to, but it isn't entirely explicit to me.

Thanks.

I thought I'd seen this question but can't find it...

Participant applies for a plan loan and plan committee declines the loan app -- maybe the spousal consent wasn't there or substantiation of home purchase wasn't provided. Does the Fair Credit Reporting Act requirement that a lender provide borrower with the reasons for the loan denial apply to such situations??

THANKS

Client recently discovered that a rollover done in 2002 from 401k to IRA included after-tax contributions. 401k provider did not code the 1099-R correctly to reflect this. Does client have the option of having the distribution corrected so the after-tax monies go to a taxable account? Guessing thiswould probably create more headaches than it's worth. If funds must stay in the IRA how are they treated with regards to taxation & IRS penalty (client is under 59 1/2)? Client is looking to take a distribution & would like to get out all of the after-tax funds first, if possible.

I am 23 and interested in starting to invest into an IRA. I am still going to school so I am not making alot, but would like to start contributing something. I think I can manage around $50 a month right now.

I am having trouble deciding on whether it would be better to go with a Roth or traditional IRA account.

I was thinking about talking to the bank I have a checking account with to see what they offer. Would this be a good idea? If so, what kind of questions should I ask?

If Company A sold one it its wholly owned subsidiaries (Company B) during the plan year, is there a transition period (for qualified plan purposes) where Company B employees could still be covered under Company A's 401(k) plan?

Could Company A and Company B treated as a controlled group for the entire plan year?

Hi All. I have a prospective client that has a 457 to administer. We only specialize in DC plans. For those of you who administer both, is it a smooth transition, or not worth undertaking? We don't mond new challenges, but you gotta draw the line somewhere!

Thanks for any advice.

We are merging two 401(k) plans on 7/1/04. Both plans are calendar. Firm A acquired Firm B and is now merging B's plan into A's plan. Do we test B's plan over the short plan year?

If an employer fails to pay out an employee before the designated cutoff date (April 1st after the year in which they attain age 70 1/2) what penalties if any are there for the employer and employee?

How are these penalties calculated.

When and how do you report these errors/ommissions?

Thanks,

Fred

If an employer fails to pay out an employee before the designated cutoff date (April 1st after the year in which they attain age 70 1/2) what penalties if any are there for the employer and employee?

How are these penalties calculated.

When and how do you report these errors/ommissions?

Thanks,

Fred

My co-worker has a client that has been turning in claims for the patch for 6 months. Obviously, he is using this product as a crutch and not actually quitting. I s there anything that gives us the right to say enough! I know that we can say it for buying a lot (stocking up at year end to use up funds) but he is turning in claims monthly. Is there any limits on this?

I have only been doing retirement benefit administration for about three years now. The company I work for continues to have problems with participants not cashing their monthly annuity pension checks. We are left wondering if they are deceased, lost the check, etc. It takes a great deal of time to locate each participant (if they are alive) and find out why they are not cashing their check/s? Can we legally stop their pension checks until they contact us? Many of our pension participant refuse to use electronic funds transfers (direct deposit). Any suggestions are welcomed....

One of our post-65 retiree's visited recently and advised they had improved their benefits. They utilize Medicare A&B, then our limited retiree health plan and now an individual supplement they purchased on their own. In order to process a health claim they(their health provider) submits the charges to Medicare, then the balance of the unpaid claim is sent to our insurer for processing under our limited retiree health plan which is a Medicare Supplement. When they receive our EOB they send it to the individual medicare supplement carrier for balance reimbursement. In some instances, they avoid our plan and submit the Medicare EOB directly to their individual carrier for reimbursement. An example, we provide little in the way of Chiropractic benefits - the retiree skips us and goes directly to the individual carrier for reimbursement.

Is this legal? Can the retiree jeopardize their Medicare coverage or can they be dropped from our plan for "duplicate" coverage?

MAT

If a new company takes the EGTRRA Tax Credit, will they still be able to take business deductions or is this tax credit in lieu of business deductions? It is my understanding that the tax credit can not be deducted, but the other plan expenses and other expenses a company incurs can be deducted still.

The 50% of qualifying expenses that are effectively offset by the tax credit are not deductible; the other 50% of the qualifying expenses (and other expenses) are deductible to the extent permitted under present law. However, an employer can elect not to have Code section 45E apply for a taxable year.

My question involves the inter-relationship between 404(a)(7) and the new excise tax exceptions found at 4972©(6) and 4972©(7) that came in with EGTRRA - An example :

Suppose my DB super max is 15% of pay and I have PS contributions of 5% of pay; the way I understand the rules is that an additional 5% into the DB will be non-deductible but the excise tax excepton rules in 4972©(6), ©(7) won't come into play until I exceed the combined limit of 25% of pay - at that point I look at the "stacking" rules in 4972©(6), ©(7) to see if an excise tax applies ??

In other words, the total non-deductible contribution will be the 5% additional plus any more over and above that amount - not just the amount exceeding 25% of pay.

Do I have it right ???