Can 401(a)(9) be incorporated by reference? I found a public law from 1988 indicating that you could--is this still true?

Does anyone know what the Canadian rules are for dividing or assigning a Canadian pension in a divorce? I know that in England, as of about 6 months ago, it could not be done, but that the British Parliament was looking at implementing a system similar to the QDRO rules that would allow for the interest to be assigned in a divorce. But I know nothing about Canada. Does it allow for the division or assignment? If so, are there special rules like our QDRO rules, or will just a divorce decree be sufficient?

I am a COMPLETE dummy when it comes to IRA's, 401(k)'s, etc....that's why I'm here, I guess. Here's my situation and question:

I work part-time for a lady doing her bookkeeping, keeping up with her affairs and business matters, etc. I only work 12-15 hours a week for her, but she pays me a salary each week and pays all relevant taxes on that salary. She has mentioned that she wants to start putting money back for me for retirement. Another household employee of hers currently has a Roth IRA and told me that this would be the way for me to go as well. We are looking to do something that is tax efficient for both of us (employee and employer). I believe that the maximum that could be put into a Roth IRA for myself is $3000, correct? Under that premise, she wants to put the full $3000 per year into whatever account we set up for me.

My question is...first of all, is a Roth IRA definitely the way to go in this situation? Or is there another type of account that we should go with? Is she even allowed to put the $3000 into a Roth IRA for me?

Also, if she did put this amount into a Roth IRA for me, is that amount taxable to her from a payroll tax standpoint (or any other tax standpoint for that matter)?

I hope that these questions make sense. Please let me know if I need to clarify further. Thank you all in advance for any help you can give me on this!

Can a Medical FSA reimburse for a medical service that was provided by relative? The insurance company denied the claim (following their document) but I don't find anything that would disallow this for a Flex Plan - in the Flex document or in the code. But my gut instinct is that it doesn't seem right - is there something in the tax regs I'm missing that disallows this reimbursement?

I understand that a distribution to a nonspouse beneficiary is not an eligible rollover distribution and so a withholding election notice is required by TR Sec. 35.3405-1, Q&A D-18. QUESTION: Does the IRS model 402(f) notice in Notice 2000-11 have to be modified to use for non-eligible rollover distributions? In practice, do we have to have a special notice for non-eligible rollover distributions?

From what I can tell 3405 requires that the notice must provide:

a) notice of the recipient's right to elect not to have withholding apply and how to make that election (the draft transmittal letter does not mention how to make the election);

b) notice of the recipient's right to revoke the election at any time and a statement that the election remains in effect until revoked (the draft transmittal letter does not mention these); and

c) a statement to advise recipients that penalties may be incurred under the estimated tax payment rules if the payments of estimated tax are not adequate and sufficient.

The IRS model 402(f) notice does not mention b) or c).

Does the IRS model 402(f) notice in Notice 2000-11 have to be modified to use for non-eligible rollover distributions. In practice, do we have to have a special notice for non-eligible rollover distributions?

I recently heard of an instance in which fund

counsel for a health and welfare plan signed

a participation agreement and brought his office

into the plan. Many multi-employer plans include

non-bargained employees, but I have never

heard this extend to service providers.

Is this permissable? What issues are raised?

I see many QDROs that have a flawed “savings” clause.

"Nothing contained in this Order shall be construed to require the Plan or Plan Administrator:

a. To provide to the Alternate Payee any type or form of benefit or any option not otherwise available to the Participant under the plan."

The correct wording, per IRC §414(p)(3) would be:

"a. To provide any type or form of benefit, or any option, not otherwise provided under the plan."

Most plan documents I deal with allow immediate distributions to Alternate Payees, yet the flawed version of the savings clause seems to prevent that [since an active Participant under a certain age does not have the option of a distribution].

Should I send an Alternate Payee who wants money now back to court strictly because of this mis-wording?

We have a DB plan that was frozen in 2003 because an older employee would become eligible for the plan and the cost would be too high. The plan is top heavy as the only eligible participants (prior to the employee becoming eligible) were the owners.

The plan had a 2 YOS wait. We are now being told that the employee needs to accrue top heavy minimums for 2001 and 2002 since she worked over 1,000 hours. So, even though the plan was frozen for all periods since her DOP, she is still due a top heavy benefit for the year.

Can someone confirm that this is true and provide some rationale? I would think that top heavy accruals wouldn't start until she actually enters the plan, but I may be wrong. DB plans are not my forte.

Thanks for any and all help!

Can an employer of a multiemployer union DC plan maintain their own DC plan? If so, do 415 annual additions have to be aggregated? Would 415 compensation include union and nonunion wages?

I am 60 and I opened my Roth IRA five years ago. Anyone know if I can continue to make contributions without having to wait five years to withdraw the proceeds on a tax free basis? Another way to ask this question: is each Roth IRA contribution subject to the five year waiting period before distribution on a tax free basis, or is the waiting period waved once the account holder reaches age 60 and the account has been open for at least five years? An example: the current account balance is $4000, was opened five years ago, and the account holder is age 60. If $4000 is contributed for 2003 and 2004 (and the balance has grown to $20,000 by 2005), can $13,000 be withdrawn on a tax free basis in 2005? Thanks for the info.

A parent company is about to shut down operations of a subsidiary company. All of the subsidiary employees will be terminated.

The only health coverage available to the employees of the subsidiary is through a fully insured plan. The parent company's employees that are not part of the subsidiary are only offered coverage through a self-funded health plan.

The parent company has asked if it is permissible for them to allow employees and other QBs of the subsidiary to elect COBRA continuation only in the self-funded plan.

Does anyone know if this is allowed? I'm not able to find any clear answer in the resources I have available.

Thanks in advance

Are employee's pre-tax contributions to cafeteria plan to purchase supplemental group term life insurance considered paid by employee pursuant to IRC 79(a)(2)?

My inclination is that these contributions are considered employer provided, but I cannot find anything to back this up. If anyone can lead me to something that answers my question it would be greatly appreciated.

I have a profit sharing plan (previously a money purchase plan) that is subject to the QJSA requirements. The QPSA is currently based on 100% of the vested account balance. Does anyone see a 411(d)(6) issue changing it to 50%?

I have a client with a 401k plan which has a discretionary match. The company historically has given a match of 100% up to 5% of comp. This match has a last day of employment rule.

I want to give out a Maybe Notice that this match could be "classified" as a Safe Harbor contribution for 2004.

Am I allowed to say this in the Maybe Notice? Or does the Safe Harbor contribution have to be a separate match?

Thanks.

A principal for a vocational not-for-profit school had a 401(k) which has been terminated and now the school wants to start a 403(b). The principal gets paid by the school and the principal also set up a management corp to manage some of the schools activities, for which the school pays his company. I think the management corp does sales, advertising, etc. He wants to set up a 401(k) in the management co. I think his management company is a B-Org, thus they would be an ASG.

Is it permisable to limit the maximum loan from a PSP to an amount less than 1/2 vested benefits (or $50,000)? I have a client that wants to limit the max. loan amount to the lesser of 50% of employee deferrals or $10,000. As long as I'm not tying the max loan amount to a percentage of compensation I don't see why this wouldn't be allowed but haven't found any regs to validate my thoughts. Any help would be appreciated.

if i want to use top 20% paid group, how do i handle owners by attribution? i think when using this election you have to automatically include 5% owners regardless of comp. but does that include 2 sons that are only owners by attribution?

thanks for any help....

A company wishes to make their annual pension plan contribution (DB or DC, does not matter for the example) with appreciated property. I know that for purposes of the contribution, the property is transferred into the plan at fair value; however, how does the appreciation of the property (for example, a $10,000 piece of property gets "contributed" to the plan at a time when its fair value is $40,000) get handled? Is it taxable at the company level?

Thanks for any replies.

If an employee leaves a company because they are called to serve in the armed forces are they still an employee of the company (for qualified plan purposes) while serving? Don't you have to be "employed by the employer" to be an employee?

The company policy is to continue to pay their salary, but should the company continue to contribute to the 401(k) account? (the employee was actively contributing to the 401(k) before leaving)

If they are not an employee, and I withhold and contribute 401(k) contributions on the their behalf is it violation of the exclusive benefit rule?

I contacted the local veterans office and was told that the employee who left to serve is still an employee and the company should continue to withhold and match accordingly. She could not provide specific guidance so I am a bit leary of her response.

Any help would be greatly appreciated.

I think this can be done - please advise if you think this is incorrect:

Business owner is incorporated and pays himself a paycheck. He makes a $3,000 Trad IRA contribution for tax year 2003. During 2003 he establishes SIMPLE IRA for his business.

He would like to recharacterize his 2003 Trad IRA contribution into SIMPLE IRA before the end of the tax year.

I think he can do it - the key to the correction would be that he runs the correction through his payroll records. This would involve including the $3,000 in his payroll income, paying FICA/FUTA and proper inclusion on box 12 of the W-2.

On the financial institution's side (we hold both accounts), the Trad IRA would issue a 1099R showing a current year recharacterization, and the SIMPLE IRA 5498 would report the receipt of the rechar contribution.

Does anyone have any information which would indicate that this is not allowable under the tax code?