I have two plans that need to be tested together for 410(b), but they have different plan years: one is calendar the other is Oct-Sep.

How do I go about that? Do I just test the portion of the plan year that over laps?

How would installment distributions work in an ESOP? When a person terminates and wants monthly distributions over 5 years, do you liquidate all the stock in the participant's account at termination, and distribute cash monthly, liquidate one year's worth of stock at the beginning of each year, etc? How does it work?

This Corporation was a Missouri Corporation, it established a 401(k) plan and now, a few years later, decided it wanted to Incorporate under the laws of Delaware. The employer has not changed employees, addresses, phone numbers, or anything else; only their taxpayer identification number. Can a simple amendment to the 401(k) plan adoption agreement, amending the Adopting Employers EIN handle this, or is it necessary to go to the extreme of terminating the plan, giving th employees distributions and letting them decide whether they want to roll into the plan of the new employer?

An employee left the company and thus had a distributable event. The EE left their money in the plan as it was greater than 5k and was rehired 6 months later. Can this EE still take a distribution of their account or must they wait until they leave the company, again?

The Profit Sharing Plan defines compensation as the W-2 Compensation reportable in Box 1.

Employee is absent from work for three or four months during the plan year due to sickness and receives sick pay (short term disability) during the absence from a third-party insurer.

If the sick pay is reported on the W-2 by the employer along with her other compensation for the year, is the sick pay included in determining her share of the employer contribution for the plan year?

Alternatively, if a separate W-2 for the sick pay is provided by the third party insurer, does this change the treatment of the sick pay?

to send to HCEs telling them their deferrals are going to be limited to X% for the year in hopes of avoiding an ADP test failure for the prospective year? Does anyone have one they're willing to share?

Can you include a QNEC in the 410(b) test (i.e. - 410(b) test on the profit sharing contribution is failing - ADP test fails also - employer puts in a QNEC to pass the ADP).

Thank you for your help.

I need to amend a 2002 5500-EZ that was put on extension to file initially. When I send the amended version in- do I attach a copy of the extension as well? My software is prompting me to but I don't think that is right.

Thanks,

Rachel

Suppose a participant was paid $200,000 in benefits. $150,000 was from a non-qualified supplemental plan and $50,000 from a qualified defined benefit plan. If it was later discovered that the payment should have been $100,000 from the supplemental and $100,000 from the qualified plan, how would one go about correcting it?

Of course, the $150,000 from the supplemental plan would have been reported as ordinary income with employment tax withholdings; the $50,000 from the qualified plan would have been reported on a Form 1099R with no employment tax withholdings. So the participant/taxpayer would have had excess employment tax withholdings on $50,000. Could it be argued that the qualified plan has cut back accrued benefits? Could this also be considered a loan from the supplemental plan to qualfied plan? Any thoughts on how to fix this?

Is there a minimum distribution amount that does not have to have taxes withheld from it. I thought I read somewhere that a distribution under $200.00 does not have to have taxes withheld. This particular one is $3.50.

One more question... Thank you all for your patience.

Financial advisor has asked if TPA fees could be based on the amount of assets... a percentage. As assets grow so would the admin fee. When asked why he asks he told me that he was told by an attorney that the SEC would label fees generated in that way to be considered "illegal commissions". I am not savvy with regards to SEC rules but don't see the fees to be commissions at all. I told him that as long as he disclosed his fee schedule I didn't see a problem... but that I would ask a panel of experts. Any thoughts ?

i'm pretty sure the answer is no.

tsa is funded by both employee and employer.

Does anyone know if H.R. 1779 will have any impact on DB Plans. I have read that it will for 401(k), 403(b) and IRA's but wasnt sure if it would have any impacts on DB Plans.

Would you know a good source to look for this information?

Thanks,

Fred

Does anyone know if this bill will have an impact on Defined Benefit Plans? If so, what if anything do we need to do in order to make sure we are in compliance????

Thanks,

Fred

My father set up an IRA with his trust as the beneficiary. After he died the IRA was cashed out and the proceeds were divided between myself and my two sisters. Am I able to roll that amout into a new IRA so I can save the tax hit? I get conflicting answers from the finaincial planners I have talked to.

Does anyone know if it is permissible for a Pension Administrator to charge their administrative fee as a percentage of plan assets, (i.e. basis points on plan assets) or must it be a flat or hourly fee per plan or participant? Assume the TPA is not offering any investment advice.

Can the principal on a loan from a qualified retirement plan be paid off early in one lump sum or does payment have to adhere to the amortization schedule?

My father set up an IRA with his trust as the beneficiary. After he died the IRA was cashed out and the proceeds were divided between myself and my two sisters. Am I able to roll that amout into a new IRA so I can save the tax hit? I get conflicting answers from the finaincial planners I have talked to.

I have established a few of these "Solo" plans. Up till now the possibility of rank and file EEs becoming eligible has never been an issue. It was spelled out to the sponsor that if an employee was hired that they would indeed be eligible to participate in the plan IF they met the requirements in the document. Typically the sponsor would make the eligibility requirements pretty lax... Here is the question:

If you have set up a plan to have immediate 100% vesting and 0 years of service requirement... can it be amended to a TH vesting (2/20) and one year/1000 hour service when you see on the horizon that there are going to be other EEs who may be eligible to participate? is that discrimination?

Does anyone have a link to the vendors who have HSA products available to individuals? I have heard Fidelity had something, but could not find it on their site.