If a contributing employer for a Multiemployer plan transfers his union employees to a leasing organization and the leasing organization continues to make contributions to the Multiemployer plan, is there anyway that the "former" contributing employer can avoid being accessed a withdrawal liability? If so how?

My question is on changing the top 20% or calendar year elections in determining HCE status. I know that during the RAP we had a "free ride" on making these elections and could utilize whatever gave the best results, then amend the document accordingly at the end of the RAP. However, most plans have already been amended, so the question is, when changing these elections going forward, when must the plan be amended to reflect those changes. Has the IRS ever provided any definitive guidance on this?

Thanks to all who respond!

I have an employee who has 6 mths vaginal leave, applied for STD was denied - and appealed. The appeal took 4 mths, so she went on FMLA and NJFLA. Now that she has returned to work, she has received word that her maternity related carpel tunnel was approved for Short Term Dis. She now wants to go on Long Term Dis. How do I go about doing this??

After reading All You Ever Wanted to Know About Roth IRAs But Were Afraid to Ask, I'm wondering about protection issues regarding Roth IRAs. Specifically:

• Is a Roth IRA protected from the claims of creditors?
  
• Is a Roth IRA protected from the effects of bankruptcy?
  
• Is a Roth IRA protected from lawsuits?
  
• Is a Roth IRA protected from divorce judgements?
  
• Can Congress retroactively revoke the tax-free status of earnings in a Roth IRA? If they can retroactively extend copyright laws, why not retroactively extend taxes?
  
• Are the earnings in Roth IRAs exempt from taxes other than the capital gains tax, like state and local taxes? If they are, could states retroactively revoke those exemptions?
  

I looked around on the web for information on this, but not much was helpful, other than some vague references. Regarding most of these, I believe that it is dependant on State Law. All states provided most of the above-mentioned protections for Traditional IRA's, but may not have updated their legislation to provide those protections for Roth IRAs. I even tried LexisNexis, but that gave me results that didn't appear to have anything to do with Roth IRA's. Specifically, I'm interested in NY laws, but those in other states may obviously be interested in the laws of other states.

Is the following wording, PRIOR SERVICE WORDING: " Members of the plan shall be entitled to a monthly annuity credit of $1.00 a month for each year of the nearest integral number of years of continuous service immediately prior to membership provided that no credit shall be given for any period the member was a participant in another pension plan of the company. The maximum monthly annuity credit under this provision shall be $10.00."

Is this considered to be credit for PARTICIPATING SERVICE, prior to age 30?

Need direction on issues involved in carving out New York chronic illness plagued employees (50-60)as a class under a fully insured healthplan . I see issues under HIPAA and ERISA and adverse selection not to mention discrimination. A New York pharmacy has developed a niche market for packaging the RX to provide the employees that have chronic medication requirements with 30 day supply of scripted medications packaged by doasage. The health plan insurer recognizes this pharmacy but will not carve out the affected employees. The pharmacy/packaging company also wants no copays and AWP-9% versus the carriers AWP-12%. Because fully insured plans are on file with the state of New York - this would also violate the filings for the carrier - If someone has some insight and direction I would certainly appreciate it and so would my client. Total group size is 400 full-time employees. Thanks

Thanks

Does anyone know what "benefit" means under section 105(h) of the Internal Revenue Code, as it applies to health care FSAs? More specifically, does that section require that a plan has to be offered to at least 80 percent of those eligible to participate if at least 70 percent of all employees are eligible, or does it say that at least 80 percent of those eligible to participate under a plan must participate if at least 70 percent of all employees are eligible?

We have received a QMCSO with respect to an employee who were already providing insurance for the children in the order. However, he was unaware that he was not required to provide the insurance if by so doing his disposable income would be less than 50%. Therefore, he now wants to drop his children. However, I do not see that this is a permitted change. I understand that if a QMCSO is issued with respect to the former spouse and the employee provides proof that the former spouse is in fact providing health coverage, such employee may at that time drop coverage. However, that is not what has happened in our case. Any thoughts? Suggestions?

Participant is not in ownership group, wants to know if he can still contribute to 401k next year. Also, does he have to take RMD from plan and/or his IRA in 2004?

Thanks

Stupid question but what is the filing deadline for a 12/14 plan year end? When is the 5558 due?

Understanding that non qual participants only have an unsecured promise from the employer to pay a benefit, and that any Employer Stock in the asset/employer account is still the property of the company, is there any reasonable explanation as to why a non-qualified plan would suggest that the participants in the plan actually have the voting rights?

Thanks for any direction.

If both the employer and the employee contribute to an AD&D plan, are the employee's contributions made pre-tax or post-tax?

Thanks.

I have been asked by a plan sponsor if the Summary Annual Report can be posted on their company's bulletin board. I would think not. It is my understanding that each participant must be given a "hard copy" of the Summary Annual Report. Any thoughts?

We're considering offering group LTC but most of our employees are under age 40. Question, on LTC when someone leaves the company do they get to continue the LTC policy on an individual basis at the same group rates or do the rates change to an individual policy.

I thought financially it didn't make sense to take LTC until you were around age 55 unless you were concerned about needing it before age 55 (i.e., disability related need).

We have an employer who entered into an agreement with an unrelated company to transfer employees from a specific department to the unrelated company. The new (unrelated) company told them prior to the agreement that it would be acceptable to transfer FSA balances on those affected participants immediately to the new company's cafeteria plan. (The "old" employer's plan year is calendar, so the participants were halfway through the plan year at the time of the transition on July 1.)

The new company says they transfer balances mid-year when they buy employees like this "all the time". To us, it seems those employees would be treated as any other terminated participant and only services rendered through their date of termination would be eligible for reimbursement. The employer did not intend to cause a hardship to those participants. The participants were, in fact, told by the employer that the balances would transfer and there would be no adverse consequences to them concerning their cafeteria accounts due to this transition to the new company.

Does anyone know of a way to justify the balance transfers?

Thanks,

Sheila P.

We're putting together <$5,000 letters for a terminated plan. Prior to composing the letter I've been going through material to see what notice and consent rules apply.

I came across something referencing a requirement that "the default method for involuntary distributions exceeding $1,000 is a rollover, unless a participant elects to receive cash instead."

This publication is dated 2001. Has a final regulation come out on this since then, or are we still in lump-sum land?

For purposes of determining when the Participant's "earliest retirement date" is, one step in the process is to determine the later of (i) the date on which the Participant reaches age 50, and (ii) the date that is "the earliest date on which the Participant could begin receiving benefits under the plan if the Participant separated from service with the employer"?

Does (ii) mean "separates from service" with the employer today?

I read something recently that says because a participant could terminate employment at anytime and thereby be able to receive distributions under the plan's terms, that the later of the 2 dates will always be the date the participant reaches age 50.

What if the Participant is 56 when the QDRO is entered and the plan is an ESOP that doesn't allow distributions upon separation from service until the valuation date that follows the Participant's second consecutive break-in-service. That Participant's distribution commencement date seems like it would be later than the date that he/she turns age 50.

Is the exclusive benefit rule of 457(g) violated if a governmental sponsor reimburses itself from 457 plan assets for amounts it paid out to participants from its own general assets because of a long delay from the insurance company who held the plan assets? Contributions to the Plan are made solely by the participants--thus, future employer contributions to the plan cannot be offset. Since the participants were paid the distributions that they were entitled to, can the employer simply be reimbursed from the plan once the funds are released by the insurance company without violating the exclusive benefit rule, or does all of the money have to stay within the Plan? Also, if the money does have to stay in the Plan, does it have to stay in the accounts of the participants who received the distributions, or can it offset administrative expenses associated with the Plan? The employer was only trying to accomodate the distribution requests to the participants in a timely manner. The plan documents do not address the issue. Any comments would be greatly appreciated.

We have an active employee with dependent coverage for medical and dental. His dependent will be offered COBRA shortly. The employee wants to have the dependents premiums deducted from his paycheck on a pre-tax basis. Can this be done?

employer has deposits automated to be ACHed or wired out of their checking on the day of payroll. This is triggered by the investment company when they receive the list bill. However, somehow one got missed in Feb and one in Mar of 2003. They discovered in Apr and immediately sent it in.

I am reviewing what needs to be done, and from what i can see, the VFCP is an application process that has no forms. Apparently it is up to the fiduciary to 'submit' this...

Does anyone have any sample documents we could review to see the format that could be used?

Also, if we do the 5330 and the VFC application, do we still indicate on the 5500 that funds were deposited late?