The terminology on line 14 of 5300 (line 12 on 5307) has always left me pondering....

1. Are there any "non-design" based safe harbors? Aren't all safe harbors design based? What would be an example of such a non-design based safe harbor?

2. Isn't a safe harbor plan by definition "nondiscriminatory"? Why make the distinction of Design-based Safe and Design-based "nondiscrimination" Safe?

3. Other than the permitted disparity integrated formulas, what would be an example of a design-based "nondiscriminatory safe" harbor formula?

I just opened a ROTH IRA and had two basic questions that I cannot find answers to:

1. What mechanism exists to restrict me from contributing to the ROTH if I'm over the 150,000 limit for a Married Couple? e.g.: I've just made a $3000 contribution for 2004 - what happens if my income this year exceeds the allowable limit? Did I do wrong to make the contribution this early? Is that why the deadline for contributions is the same as the tax filing deadline?

2. Can a married couple with combined income less than the $150,000 limit open TWO ROTH accounts...one in each name?

Thanks!

I have a prospect that is a Non-Profit and I am looking for a good comparison of 401k's vs. 403b's and I don't want to reinvent the wheel. Does anyone have a good comparison or a link to one.

We are a small health plan sponsor attemptign to comply with HIPAA Privacy by 4/14/2004.

How many are utilzing the OHCA ?

We have 1 health plan anyway since all are covered under a wrap document (i.e. medical, dental, vision, health FSA, and EAP)

For those forming an OHCA with the plan's carriers, have the carriers agreed in writing to this?

any insight on the value of an OHCA?

we have self-insured medical and vision plans so must comply with all of HIPAA Privacy requirements anyway

I have a client that added a 401(k) feature to his Plan effective 1/1/03. Several participants completed an enrollment form stating that they wished to begin making salary deferral contributions. No deferral contributions were ever withheld from the employees for the 2003 plan year. I've never encountered a situation like this and am not real sure of the consequences (if any) of the employers reluctance to comply with the employees instructions. Any insight would be greatly appreciated!

I have a 401(k) plan going through the termination process. Everyone in the plan has sent in their distribution paperwork to either rollover the money over or take a lump sum distribution.

I have one participant in the plan with an account balance of about $90,000.00. He has not responded to letters or phone calls to fill out the distribution paperwork and return. We know where he lives, and contacted him in a reasonable amount of time. Can he be forced out of the plan? If not, what can be done to remove him from the plan? He is holding up the entire termination process.

Has anyone qualified a U.S. established DB plan in Puerto Rico? Looking for information about the process, and any tips or suggestions someone might have. Thanks.

A participant has accrued a top heavy benefit. For 2003, the participant does NOT earn an additional year of accrual under the normal formula OR for top heavy.

Are they considered benefitting???

1.410(b)-3(a)(3)© references how a participant could not experience an increase in benefit but still be considered benefitting.

Would the answer be different IF the participant had already had 10 years of top heavy service and did not earn an additional year of accrual under the formula?

One more, 10 years of top heavy and he earns a year of accrual but experiences no increase in benefit because the top heavy is larger??

Thanks for any and all responses.

The trustees of a multiemployer plan want to make it mandatory for union members to participate

in the union's health and welfare plan and want to amend the trust document for the Fund to provide that

union members working for covered employers can not opt out of the plan.

Can this be done?

If so, does it matter whether the plan is funded by both employer and employee contributions?

Also, if this can be done, can the members be required to sign any document which would authorize payroll

deductions for the employee portion of the contribution?

I am new to this board and trying very hard to get a correct answer to this question. IF I make a loan from my Roth Ira through the custodian, etc. can I charge 15% for example and be exempt from my state's usury law of 10% BECAUSE this is being done by and within my Roth IRA? I know that I am not wording this very well. I would appreciate any possible information back on the relationship of these two items..... one's ROth IRA making a loan and usury laws in a state...Thank you for your time and attentions to this question in advance. Sincerely, LL

Not related directly to Relius, but . . .

We are looking for a service to provide fund performance information / ROR on a quarterly basis in an importable format.

Is anyone aware of an economical service for this? Have checked with Morningstar and Lipper for datafeeds, but they are extremely costly.

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