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Porcelain Veneers?
I would consider this a cosmetic procedure. Does anyone know if there is a medically necessary application of porcelain veneers?
Improper DB Plan to PSP transfer of assets, and 411(d)(6) amendment?
In 1984 the DB Plan transferred to the PSP assets with respect to some participants, but not all. The affected participants were actively employed and not eligible for distribution under the DB Plan. DB plan was terminated in 1989.
The PSP permitted pre-retirement in-service distributions. In 1996 the PSP was amended to provide that these in-service distributions will no longer be available with respect to amounts attributable to the assets transferred from the DB Plan.
Any ideas on corrections for the transfer and/or the 1996 plan amendment?
Thanks.
Rollover Between Plans Maintained By Former Employer
This is an unusual situation - I would appreciate any comments:
Not for profit employer maintains an ERISA 403(b) plan, and a 401(a) plan (money purchase).
Terminating employee wants to roll 401(a) money over to the 403(b) plan. There is no group annuity, just individual annuities/custodial accounts, on the 403(b) side.
401(a) plan permits rollovers TO a 403(b) plan; 403(b) plan does not currently permit rollovers FROM any source other than a 403(b) plan or account.
Can post-term rollover from 401(a) to 403(b) happen (presuming 403(b) is amended to allow it)?
5498-ESA Reporting Deadline
Anyone find the 5498-ESA reporting deadline (April 30) challenging? It’s pretty tight considering contributions are allowed up to April 15, and post mark is recognized.
Information regarding claims provided to employer
I have an employer who is requesting the number of claims and dollar amount totals broken down in categories for unreimbursed medical. (Ie. dr visits, rx copays, vision, dental) Does anyone know if there is anything in the regulations that allows this. I thought that as long as it is an eligible expense it can be processed and the employer does not have the right to know what the employee is using the account for.
Office 2003/XP Add-in: Remove Hidden Data
Microsoft has released a program that scrubs various "hidden" information from Microsoft Word, Powerpoint and Excel documents (XP or 2003 versions):
http://www.microsoft.com/downloads/details...&displaylang=en
"With this add-in you can permanently remove hidden and collaboration data, such as change tracking and comments, from Word 2003/XP, Excel 2003/XP, and PowerPoint 2003/XP files."
"You should run the Remove Hidden Data add-in on files when you are ready to publish them. This is because some of the data that the tool removes is used by Office for collaboration features, such as Track Changes, Comments, and Send for Review."
Latest on release of 412(i) regs, (that I've seen) for those who are interested
The Treasury department will issue a proposed regulation,two revenue rulings and a revenue Procedure on 412i plans within the next three weeks. This is according to Jim Holland from the IRS. According to Mr. Holland who was in attendance at the Los Angeles Benefits Conference, the issue of supressed cash value products will be addressed. Nick Paleveda MBA J.D LL.M CEO of the 412i Company and Charles Gramp Chief actuary of ARIS talked to Mr. Holland about the upcoming changes. "The insurance Industry isn't going to like it" said Mr. Holland.
Deadline to convert a traditional to roth IRA for 2003 tax year?
I know it's not too late to contribute to an IRA, but is it too late to convert a Traditional IRA to a Roth IRA for the 2003 tax year? When is the deadline?
Thanks.
Last Minute HIPAA Compliance
We're at the last minute trying to get ready for April 14th. If anyone knows of good site to get good forms and step by step guideline to make sure you have everything completed. Also, I'm looking for a HIPAA program.. like the HIPAA ANSWERS. I need to compare content & price. Any help would be appreciated.
Amendment to pass 410(b)
A sponsor offers a 401(k) plan with matching provisions. The match has a last day and 1000 hours allocation requirement. The plan fails the ratio percentage test and the average benefit test. I am trying to amend the plan to pass coverage. The participants I will include in my amendment need to receive a "substantial benefit" from the plan in order to be counted. Out of all the employees who were excluded due to the last day or hour requirement, only 3 deferred. I need to bring in 9 to pass coverage. Do I have to contribute a QNEC for them? What are my options?
Post-Term Rollover from 401(a) to 403(b) Plan?
Not for profit employer maintains an ERISA 403(b) plan, and a 401(a) plan (money purchase).
Terminating employee wants to roll 401(a) money over to the 403(b) plan. There is no group annuity, just individual annuities/custodial accounts, on the 403(b) side.
401(a) plan permits rollovers TO a 403(b) plan; 403(b) plan does not currently permit rollovers FROM any source other than a 403(b) plan or account.
Can post-term rollover from 401(a) to 403(b) happen (presuming 403(b) is amended to allow it)?
Target Replacement Rates in DB Plans
Our retirement committee is considering changing our benefit formula for our DB plan. My department has been asked to look into what other DB plan sponsors are using as a target replacement rate, whether it takes into consideration Social Security benefits or just the DB benefit itself. Any ideas on where I can find this kind of information or would anyone be willing to give me a replacement rate that their plan uses?
Thank You!
taxation of LI proceeds used to fund NQ plan
It is my understanding that LI proceeds used to fund a NQ plan are exempt from income tax when paid to the employer and the proceeds are taxed as wages when paid to the beneficiary under the terms of the plan. Is there any way to avoid taxation, e.g. can the proceeds be paid to the employee's beneficiary or paid to an irrevocable life ins. trust for the employees beneficaries if the employer owns the contract?
Target Replacement Rates for DB Plans
Our retirement committee is considering changing the benefit formula for our DB plan due to our recent "large" minimum required contribution. This, paired with an acquisition 1 1/2 years ago that has not yielded the desired results has caused our committee to consider reducing the benefit amount. My department has been asked to find out what other plan sponsors are using as a target replacement rate in order to determine if reducing our current benefit formula is in the company's best interest.
Anyone willing to share that information? I appreciate your responses!
Service Member's Civil Relief Act of 2003 - Notice to Creditor Before 6% Interest Cap
The recently enacted Service Member's Civil Relief Act of 2003 updates the old Soldiers and Sailors Cvil Relief Act. The provision stating that loan interest cannot exceed 6% is contingent on the service member providing notice to the creditor. In the context of a 401(k) plan, must the notice be given to the plan or is it sufficient if it is provided only to the employer?
Safe Harbor 401(k) and Top Heavy
I have a Safe Harbor 401(k) with match provision. The Plan also has rollover dollars for Key EEs from a prior SIMPLE-IRA arrangement. I realize that SIMPLE-IRA dollars are not included for Top Heavy purposes, but does the fact that the Plan has rollover dollars preclude it from the exemption provided under IRC 416(g)(4)(H)?
Discriminatory Compensation Question.
May an Employer exclude commissions from his Plan's definition of compensation?
My problem is that an Employer has six employees, all six receive only commission income, as w-2 income Are all six of the employees excluded from the plan?
S corp conversion
Does anyone have a good source for information on the steps/implications of converting from a Subchapter S corp to a C corp?
I am exploring options for avoiding the impact of IRC sec. 409(p) on an S corp ESOP.
ESOP - plan conversion
Can anyone provide a good source for laying out the steps and implications regarding converting an ESOP to a different type of plan (e.g. profit sharing plan)?
415 Comp vs. Comp used to determine contribution
Is 415 compensation the 415 compensation earned for the *whole year,* or is it reduced to the *eligibility period comp.*
In other words, if you have a plan where participants enter on 7/1, and you calculation their contribution based on compensation earned during the second half of the year, is a participant's *415* compensation also just the compensation earned during the second half of the year . . .





