What is the difference between an in service distribution and a pre-retirement distribution?

Plan sponsor wants to switch its brokerage services for its 401(k) plan from an outside brokerage to an affiliated brokerage (either the plan sponsor and the brokerage have a common parent company, or the brokerage is a subsidiary of the plan sponsor -- I'm not sure which and can find out but I don't think it matters). The plan sponsor is informed that others similarly situated in its industry are doing this. I haven't found any applicable exemption to the pohribited transaction rules. Is there any exemption from the prohibited transaction rules for this scenario?

ESOP for an S Corp. was written to require distributions in cash.

1) Would there be a 411(d)(6) issue in amending the plan to provide that the distribution will be either in cash or in stock subject to the requirement that the stock immediately be sold to the company?

2) Alternatively, is there any way that the ESOP could borrow money for the distribution and treat it as an acquisition loan for the departing participants shares? The ESOP really isn't "buying" the shares from the departing participant, it is distributing cash under the terms of the Plan.

If someone works for themself and as an employee with a totally separate company that has a pension plan, would the 415 limit be $40k total... or could he contribute $40k for himself and say have his employer contribute $20K ? 402g limits are per individual... 415 limits the same.. or per company?

Does HIPAA's portability (certificates of creditable coverage) and nondiscrimination (health status related factors) rules apply to cafeteria plans? If so, how so? Or is it the case that such rules apply to certain benefits offered under cafeteria plans such as a health fsa? If so, how so? Thanks.

I have a small employer with 3 equal owners and 5 total participants, including the 3 owners. Business is not good, but is not so bad that a distress termination is necessary, and the employer wants to terminate his DB plan but does not have sufficient assets and cannot make the plan whole. Since there are no 50% owners, none of the owners can elect to reduce their benefits, correct? Given that, is there anything that can be done without having to fully fund? One solution I thought of is for the employer to borrow the money to fund the plan, pay out full benefits to everyone, and then the owners can use part of their distribution to pay back the loan. Anything else? I would really appreciate any suggestions anyone has.

In Pub. 590 the IRS deifinition of Qualified higher eduication expenses includes "equipment required for the enrollment or attendance of a student at an eligible educational institution". Is there any more clarification on what the term "equipment" includes? Have a client who needs to take an early withdrawal from his IRA. In addition to tuition, part of the withdrawal is going towards payment on a car that is needed to get to & from college. I would think that the car potion wouldn't get the 10% penalty exception but am not sure. Any thought/comments would be appreciated.

We are merging two standardized 401(K) prototype plans by 12.31.2003. Our administrator is telling us that we just do a plan document amendment and let them handle the rest. I did some research and was concerned because this one form call 5310-A keeps being mentions with regard to plan mergers and we have not filed it.

Our administrator is telling us that the 5310-A is not required (but won't tell us why) and that it is better to file this on the next 5500 schedule I that we file. Is this adequate? I ask because the 5500 instructions mention the 5310-A as though it should have been done in addition to the information on the 5500 (but of couse don't go out and say that). Any ideas?

Does the Uniform Coverage Rule require the employer to assume the risk by funding all health care FSA claims up to the annual election? Or, can the broker for the employer assume that risk? Thanks

Hello, my wife and I were thinking of getting a Roth IRA and a Coverdale IRA for the little guy's college. I know the max input is $3,000/year, but is that for all IRA's combined, or can I invest $3,000 in the Coverdale AND $3,000 in the Roth each year? Thanks.

I am curious as to how other shops handle defaulted loans in the balance forward world. For example, how do you handle a loan that is made in December, 2002 and payments are made through March, 2003. The loan would be in default and would become a deemed distribution as of 6/30/03. In most cases you would not get any information until February or March of 2004. How would you handle the 1099s?

Ok, I just took over pensions for work and here's what I found. There are four plans in the controlled group. All are prototype-profit sharing/401(k) plans with a match. All plans have been amended for GUST/EGTRRA - that 's the good news and the good news pretty much stops there.

Two of the plans are standardized plans outside of the 410(b)(6)© grace period (one is out of it by 11 months and the other is out of it by 7 years - pretty significant!). The other two are non-standardized plans.

All the plans have different matches (the one standardized plan that is 7 years outside of the grace period has the richeste match-but also has the smallest number of employees).

I would like to merge them all into one plan (the main parents plan); however, in the meantime, do I have to deal with the standardized plan issues? For instance, aren't standardized plans supposed to cover everyone in the controlled group - and they haven't.

Is there a retroactive plan document amendment I should be doing for the standardized plan that is only 11 months out of compliance?

Should I amend the plans to all meet the parent's plan so they are all identical - does that solve anything?

Also - none of the plans have been submitted for a determination letter - is that required?

If nothing else works - should I be heading in to the IRS EPCRS and the DOL's FVC programs? I just don't know where to start and I am do not know enough about the space to know what I am missing-this is all much different than the welfare area. Thanks

I have a plan that was new for 2003. All employees were hired in late 2002. Whoever drafted the orginal document did not think to allow immediate entry and the plan operated as if this was the case. I am going to file for a determination letter and I am wondering if I need to file the sch Q along with the 5307?

An employer is adopting a prototype SEP plan so that he can set it up on his fiscal year. Can he use fiscal year compensation when calculating contributions?

Are health FSAs subject to the group health plan rules (urgent care, etc.) in the claims procedures regulations? Does all of that detail need to be in our SPD?

Hi,

I am researching the dedutible limit when an employer has both a DB and DC plan and at least one participant is covered by both plans. There seems to be a special rule that if the total DB and DC contribution is greater than 25% of pay, the excess amount can not be deducted. The problem is the the DB minimum funding requirement is greater than 25% of pay, and the DC plan is a safe harbor plan that has to make the safe harbor contribution. As I understand the special rule, the safe harbor contribution would not be deductible and an excise tax would apply for that year and EACH year thereafter until it is able to be deducted.

Does anyone know if there is some way around this? HELP.

Many thanks

Anyone know when the form is going to be available. It's a little late in the year already.

Hi,

New plan established 4/1/03. Can the employer consider compensation paid prior to 4/1/03 in determining the 25% deductible limit? The definition of plan compensation excludes compensation prior to the effective date of the plan, but for deduciton purposes, I was hoping to use full year pay.

Any help would be greatly appreciated.

Thanks!!!

I inherited an employer that, when the group health plan was discontinued, began simply paying employees a few hundred each month to "use" for premiums or medical expenses. The amount is subject to all taxes; the employer includes a line on the pay stub that says something like "medical". They have asked me to add this "benefit" to the existing cafeteria plan, which, currently, only provides a medical expense reimbursement plan.

I don't see how (or why) I would want to add this to the cafeteria plan and keep it an after-tax benefit. (Let me know if I am missing something!) It would appear to benefit both the employee and employer if this was a pre-tax benefit (no income or fica/futa withholding).

As a result, I have considered the following options: an HRA (limited to premiums or unlimited), an employer contribution to the MERP (understand can't reimburse for insurance), or a premium reimbursement plan (Rev. Rul. 61-146).

In addition to various other concerns that I have, I am hung up on how and whether COBRA and HIPAA apply. (Employer has 24 employees) I have tried reading the rules several times, as well as whatever commentary I can get my hands on, but am very confused.

Am I correct that no matter how much the employer contributes, COBRA and HIPAA will apply because the employer does not offer a group health plan that is subject to HIPAA? Are they already subject because they only offer a salary-reduction MERP currently?

If I am not, could I avoid COBRA by having the employer contribute $500 to an HRA for insurance premiums or reimbursements and an additional $500 to the FSA for reimbursements only? Would I need separate plan documents?

Any comments or suggestions would be greatly appreciated!!

I recall that a DB plan can not allow a participant to elect an optional form of distribution with guaranteed payments beyond his or her life expectancy.

For example, can an 80 year old retiree elect a 20 C&C?

Anybody have a code section for this? Does it exist or have I finally lost my mind?