Is there anything that would restrict the amount of contribution that a "non-profit" employer can contribute?

For example, lets say I have a nonprofit that made lots of money. The min/max (if taxable) is $100K. The entity wants to put in $600K. Is this a problem?

If they don't pay taxes, do they owe any excise taxes?

I recently received enrolled agent status from IRS. I need to find some sources for CPE and would like to hear what others are using for CPE to meet the Enrolled Agent requirements. Any and all suggestions are appreciated.

Participant takes a loan, a few months later takes a leave for disability. My understanding is that loan payments can be suspended for 1 year for a bona fide unpaid leave of absence.

I am being told that because the person has a disability we must suspend repayments indefinitely (the 1 year limit not applicable.) They reason that we cannot ever default the loan because cannot take anything away from a participant on disability per ADA and other related laws.

I doubt that they are correct, but I just am hoping to verify since I'm not up on all the ADA or any other disability laws.

Thanks in advance for any guidance.

An interesting but very disturbing topic was raised on the "Miscellaneous Benefits" Forum by Dave Baker.

I urge and plead with all readers of this Forum to read it and give some assistance.

An interesting but very disturbing topic was raised on the "Miscellaneous Benefits" Forum by Dave Baker.

I urge and plead with all readers of this Forum to read it and give some assistance.

An interesting but very disturbing topic was raised on the "Miscellaneous Benefits" Forum by Dave Baker.

I urge and plead with all readers of this Forum to read it and give some assistance.

I am not sure this is the correct forum for this question but thought this would be a good place to start.

I have recently taken early retirement from a large company because they are

downstaffing and moving some jobs to a temporary service. After a few weeks

I was asked by the temporary service to train their employees and manage the

same job I used to do. When this was presented to my old company they

refused to allow me back into the plant to work stating that I was required

to not work in the plant for 12 months because I had taken a "package".

I believe they set a precedent that would allow this because they also

outsourced all the IT services and every employee immediately transferred to

the outsource company and one of them was allowed to take a package before

she transferred. I went back and reviewed the severance package contract as

well as all the other documentation related to my retirement and can find

nothing indicating I can't work for a different company that happens to be

in the same building as my original company on any timeframe.

Note that I worked for the company for 15 years and retired with all normal

benefits. I did not take early termination and was not asked to leave. I

left for an opportunity for advancement and this definitely would be an

advancement as I would be managing 30+ people.

My questions are: Is this legal? Can the company enforce demands such as

this when I will be working for an entirely different company that happens

to be working in the same building? What would you suggest as a plan of

action?

Thanks for your time.

John C

In checking performances with different sources (scottrade, cnn-money, and yahoo), i have found significant differences in the 1,5, and 10 year return data.

Is one source more reliable than the other? if so, how do i know which one?

I have two Roth IRA's at separate institutions. Can I roll one account into the other so that I would only have one Roth account?

Thanks,

mslish

We just put in a 401k cross-tested plan with a 3% safe harbor. The client just advised us they have many employees subject to Davis Bacon Act. Is there a reason the employer cannot treat the 3% safe harbor as a credit towards their obligations under the DB provisions?

First year of deferrals, 9/30/03. Plan fails ADP.

I want to use a QNEC.

Can you use the deemed 3% + QNEC or are you forced to use actual results + QNEC?

QNEC will be deposited post 9/30/03 so for 2004 I can't use actual + QNEC for 2004 ADP limit as prior year testing, is that correct?

Can I add the QNEC to the 9/30/04 year end deferrals for prior year testing of 9/30/05?

Thanks

Does anyone know if there are penalites and the amount of such penalties for failing to furnish an SPD or an updated SPD to participants? If you know the cite too I'd appreciate it.

Thank you.

Does anyone know if there are penalites and the amount of such penalties for failing to furnish an SPD or an updated SPD to participants? If you know the cite too I'd appreciate it.

Thank you.

Just a quick question, does a disqualified person's cousin fall into the prohibited category.

More spefically- is there any interpretation to mean lineal decendant of the ancestor.

Thanks

TAG

Ok, here's a new one. My company is part of a controlled group with 3 other companies. There is currently one plan that covers 2 of the organizations and a third plan that covers the 3rd organization. No QSLOB, we test the entire group.

Issue: One of the companies now wants to switch to a PEO model. Here's the question(s): (1) if they do that, could they (a) keep those PEO employees in the plan that is currently covering them (the company would be the employer by control, etc.), and (b) if so, would that affect the testing for the plan in any way?

or

(2) could the company using the PEO model terminate their particpation in the plan they are currently in (with proper amendments, corp. resolutions, etc.) and then particpate in the multiple employer plan sponsored by the PEO (per RP 2002-21). And, if they do the second option, how would testing work from the PEOs perspective and from the controlled group's perspective.

Also - (option 3) couldn't the PEO client organization sponsor their own plan, handle testing on a controlled group basis and not worry about the PEO?

Please help! What do you think?

Does anyone know if an SPD for a DB plan must be (or should have been) amended for GUST (and EGTRRA and now RMD) and distributed to participants? (Come to think of it, I think a new SPD may be required to comply with the new claims procedures and ERISA rights statement?) Assuming that an amended SPD (or SMM) was required, is there a penalty for noncompliance and, if so, what is the amount of any penalty (any cite?)? Are penalties imposed only if caught on audit so that if an SPD is amended and distributed before an audit everything should be ok?

Thank you for any assistance.

Employer arranges to have health professionals on site to give flu shots to employees. Employer pays the full cost of the shots and does not report the value of the shots in the income of those employees who elect to get stabbed.

Has anyone addressed the issue of whether such an arrangement qualifies as a de minimis fringe benefit?

I wanted to know if a U.S. citizen living in Japan is eligible to contribute in a

401(k). He is living in Japan with no intentions of ever coming back to the United States. He meets all the eligibility requirements needed to get into the 401(k).

Would it matter if he were paid in U.S. dollars or Yens? Does this even matter?

Please help!

Employer has a medical expense reimbursement plan. The written document appears to be outdated in that it references the 1954 Code. One provision of the plan allows for the Corporation to directly pay the medical provider. Since it is a medical expense "reimbursement" plan, is direct payment permissible? Thanks for any help.

In Spring of 2002 a distibution ( aobut $11,500) was made. This emmployer had a seperate company account using the same 3 mutual funds as the 401(k). He made the distribution from the company account. The accounts have different EIN's and I'm concerned that moving the money from the 401(k) to the employer account would be a prohibited transaction.

Does anyone have any thoughts on this?