Any information out there as to whether estate planning documents, such as Powers of Attorney, Living Wills, Revocable Living trusts, and Medical Directives need to be amended for HIPAA (to authorize disclosure of PHI)? I am seeing commentary out there that previously-executed and new documents of these types must take HIPAA requirements into account, or will be "rendered useless."

Company A has a 401(k) plan. A former employee who still maintains an account in Company A's plan is about to receive a distribution from Company B's (unrelated to Company A) plan. Is there any reason why Company A's plan cannot accept a rollover distribution from Company B's plan?

I have a question for those who import investment account data using Allocated Link. We have a lot of clients who have investments at American Funds. Currently, however, American Funds is not one of the investment companies that is available on the Allocated Link function. Someone at Corbel suggested that we might be able to import the American Funds investment file using another investment company's format in the Allocated Link. Has anyone tried this? If so, how did you do it?

A participant in a DC money purchase pension plan wants a payout.

He has provided a foreign divorce decree from Africa.

The divorce decree makes no reference whatsoever to finances or any distribution of property.

The participant states that there are no settlement agreements in his country.

As there is no settlement agreement or mention of distribution of property or finances,

I don't think the Fund can authorize payout to the participant without a notarized waiver from the ex-spouse.

Am I correct?

How should the Fund proceed?

Has anyone ever encountered this problem???

Can someone tell me how to find a lost terminated EE? Doesn't the IRS have a service where you provide the SS # ?

Thanks!

I'm just wondering if anyone has any comments about loan setup fees and usury limits. If a plan imposes a $100 setup fee on all loans, a $1,000 loan for a one-year period could run up against usury limits. I cannot find much information about this and am hoping that someone can comment. Thanks.

Can the purchase be made on a pre-tax basis through payroll deductions? Or is a direct transfer of funds from a 403(b) or 457 the only way to purchase it with pre tax dollars?

Thanks,

Joel L. Frank

Hi-

I've already filed my taxes, but I am now planning to open a Roth IRA account. I've never had such an account before. My question is, can I still take advantage of the April 15 deadline to contribute to my Roth IRA for 2003? Or do I have to file for 2004 now?

The question arises because I'm not sure whether the Roth IRA contribution gets reported to the IRS with the regular tax return or with some separate form?

Appreciate your help,

Thanks,

AR

I need someone or more than one whom can give me legal advise, e-mail me correct legal documents of help for I have to go to court and try to protect a 6-figure sum of money that I had a judgment entered against me and they want to attach my 401K.

Here are the circumstances.

I was a partner in a small firm that had a 401K. When it disbanded, I put this into a IRA rollover at Schwab. It sat there for 4-5 years and in that time, I put in (maybe mistakenly) a $2,000 contribution for that IRA. In the time that it was an IRA and in Maryland, Maryland protecvted this IRA from legal attachment.

Then in 10-03, I put this IRA sum back into a legal 401k WITH ALL PROPER PAPERWORK FOR MY NEW FIRM.

My creditor now wants to attach this money from this judgment I incurred and we say whether in the period that it was an IRA, it was legallly protected from creditors and now since it is back into a legal 401K, it is legally protected under federal law and can't be attached.

I want help in getting paperwork, legal documents and direction of legal help that I can give to my attorney so he can use directly in court. I will be in a court case in the next month.

My home and office # is 301-365-7023 and I live in Bethesda, Md.

mY e-mail is shermanharvey@yahoo.com.

I would even pay if needed for the correct paperwork and whatever information I can use to show a Judge this is protected now that it is back into a 401K.

I don't want to lose such a large sum if I have the proper legal documents to help prove this protection now that it is back into a 401K.

Help please--help please.

harvey sherman

bethesda, Md.

thanks many times.

301-365-7023

Where can I find the IRS regs dictating what options an employer has for "using" forfeited funds from employees flex accounts?

Thanks!!

This should be an easy one for all of you. If an employer changes medical insurance providers in the middle of the year (in this case as of 4/1/04), is that an opportunity for the employees to change their withholding amounts for the healthcare re-imbursement plan? Also, would this be an event that would allow the employer to increase the maximum (currently it is $1,500) amount an employer can use?

Thanks,

Tim

Is a NHCE, who is excluded from the plan by job description, required to get a 3% SH Contribution ?

We have a 20 year old who wants to contribute $1,500 to a Roth for 2003. Schwab says they will not open an account with less than $2,000. Any suggestions for institutions that will set up this account?

Are wrap plan documents still a viable option with all of the new requirements? What are the pros and cons of using a wrap plan to cover all of your H&W plans? Thanks for your input.

PAL

Has anyone explored the notion that an employee's abuse of the universal availability rule in a medical flexible spending account (e.g., obtaining maximum reimbursement and then terminating employment) could constitute health care fraud under HIPAA?

I think it probably doesn't fall squarely within HIPAA's fraud, theft & embezzlement provisions but I would be interested if there were any discussions out there...

In a Safe Harbor plan, the non HCE's receive 100% of 4% (safe harbor match). The HCE's do not receive this. Would it be ok to allocate a discretionary match (assuming plan document allows it) to the HCE's which is no more generous than the safe harbor match that was given to the non HCE's (such as 100% of 3%)?

How much flexibility do DB providers offer plan sponsors? Is it mostly commingled pools? Or would our company be able to invest in mutual funds as well, or even have assets privately managed? Also, are providers offering investment counseling, meaning will they manage our money for us (discretionary accounts)? We're thinking about Fidelity, NYLife, Mass Mutual and Cigna? Anyone have experience with these providers?

Thanks,

Rob

Terminating db plan has $80000 in excess assets. Plan sponsor wants to first pay actuary's/attorney's fees out of excess, then re-allocate the rest to the plan parts. Plan's atty says IRS has reservations about paying fees out of excess assets. I thought that only applied if the sponsor was reducing a reversion, and therefore the excise tax, by paying the fees from the assets. Is the atty correct?

Two participants have life insurance policies in a profit sharing plan. The plan sponsor wants the participants to buyt he policies and maintain them outside the plan. How is this done? Is this even possible? Wouldn't this be a prohibited transaction? Premature distribution?

Hi,

Help! I need my ERISA outline book and it hasn't arrived yet.

Employer is a member of a controlled group. PS allocation is based on compensation, EXCLUDING compensation paid from the other CG member.

Do I have to test the definition for discrimination with the denominator being all compensation from the CG?

Help is greatly appreciated.

Thanks

Lori