Can employer wait until last day of plan year to match for a Simple-IRA ..... or must he match monthly (throughout the Simple's plan year)

What about a Simple-401(k) ?

My company is a hybrid entity under HIPAA - we are a plan sponsor, administrator, and operate an on-site clinic. In the past, our administrator unit has shared information relating to employees' medical conditions with our medical department so thatthey would have up to date information in the event of a work related medical emergency. Is this type of information considered PHI or would it fall under "employment records" (such as the emergency health information forms many employers have new employees complete?

can anyone please forward me a copy of the proposed cash balance plan regs or know how i can find them?

thank you.

I have a group of Trustees who are pushing for the following:

1. A stipend equal to 8 hrs foreman-journeyman pay

for a retiree who occassionally attends conferences in

his capacity as a trustee. This person is not receiving any

pay from a contributing employer or the union, but does

receive a monthly annuity check from the plan.

2. In addition to the "lost wages" (paid to the trustees who

do not receive regular, full-time wages from the union

or a contributing employer) this board wants to pay trustees

at the regular foreman-journeymen rate for time spent at

seminars during non-working hours. For example, if Bob

leaves for a seminar on Friday evening, he wants to be

compensated for his time spent in class on Saturday and

Sunday, even though he is not missing any work hours as

a result of the seminar.

This group already pushes the limits of what can be considered reasonable travel expenses and I am not comfortable with the new proposals. Nonetheless, I have been unable to find a clear answer by looking at ERISA 406,408 and the regs.

How do other plans handle this? Are there any good articles covering this topic? Any suggestions? Thanks.

Are schedule A's required for Long Term Care & or Disability plans?

We currently have a straight health insurance arrangement.

However, we are batting around the idea of modifying the arrangement to add a 125 feature to shift some of the cost to employees.

Here's the question - if we do this, can we use employee merit increases (assuming they are used for premium conversion in the year received - no deferral of compenstion per 1.125-2 Q&A7) to do this?

I was looking at the regulations and they appear to allow an employee to elect to forgo an increase in compensation (1.125-2 Q&A6) - but my question is whether there be a problem with discrimination (if highs have a significantly higher merit increase) or cafeteria plan election/salary reduction agreement issues re timing, etc.?

Or anything else that I didn't think of?

I would appreciate any help you are able to send my way!

On a distribution , inservice 591/2, is 20% withheld?

Would you rule this an allowable expense or not?

Physician is limiting the number of patients in his practice and offering increased access and care.

There is an annual "membership fee" to belong to the physician's practice and receive this care - this charge is in addition to any applicable charge for services and insurance coverage.

My gut feeling is that is is not reimbursable - the cost is not directly attributable to any medical service - you would pay the $1500.00 membership fee every year regardless of whether you had services or not.

I can't find any guidance, however.

Would you reimburse or not? If not, what is the basis of denial?

Scenario: Son inherits IRA of father, who has passed away. Son receives a check from the original IRA custodian, and within the 60 day window, attempts to establish a decedent IRA with a mutual fund company by writing a check from his personal account. Mutual fund company rejects the application (after the 60 day window has expired) saying the transaction had to take place in a trustee-to-trustee transfer.

Is this a true statement. If it is, where is the cite in the code/regulations? Any help would be appreciated!

When distributions are made from a multiemployer plan, who is listed as the payer on the 1099-R? Is there more than one option?

Can someone help me to determine what the consequences may be for an IRA custodian who knowingly accepts funds that do not qualify as rollover funds because the time limit for making the rollover contribution was exceeded?

I'm working with a client that wishes to pay the cost of investment account maintenance fees for active employees, but for those terminated vested employees who leave their balances in the plan, the sponsor does not want to pay the investment account maintenance fee. This would seem to be a benefits, rights and features issue, but since no HCE who left their money in the plan would have their expenses paid either, my thought is there would be no discrimination. Is this correct? Are there any other related issues I should be considering before filing my Demo 3?

As of 2003 the Dependent Care Tax Credit (DCTC) is $6000 per year for a married couple but the DCAP allowance is still $5000.

Scenario:

One of the spouses participates in a DCAP (2003 calendar year plan) for the full $5000 allowed for the year. They have childcare expenses totalling $8000 in 2003. In April 2004 when they file their 2003 taxes... can they claim the last $1000 as a DCTC so that the total tax benefit they received is $6000??? :confused:

I understand there are user defined fields and labels that can be modified to suit a companies individual needs. I have even figured out how to create a label.

What I want to know is are these fields accessible from areas such as Census? I want to create a Department field that can be used while in the Participant screens. If this can be done, how would I go about it and where will the new field appear?

TIA

Heather

When the plan document sets the covered compensation level at a flat amount equal to the covered compensation for someone retiring in the current plan year, what amount should be used for 2003?

We offered an eligible participant a timely participation election form and he elected to have 10% salary deferrals made to the plan. However, for some reason the payroll system has not deducted anything from his salary. This has gone on for 18 months without the participant notifying HR. This employee is a foreign born individual living in the U.S. and doesn't speak much English. What are we obligated to do, if anything? Thanks.

See attached

Please see Rev Rul attached

Two Plans, one Profit Sharing, one Target Benefit. The Plans are top heavy as aggregated. They cover the same employees.

PS recently changed eligibility to 6 months, but left Target Benefit at one year.

Is there any funky exception to the 3% contribution if one of the Plans is subject to the minimum funding requirements?

Thanks,

Once a participant is out on STD must he/she make up any FSA or DCAP contributions upon return to work? Or, can the contributions be suspended? Do they resume the same amount upon return to work or do they make a new election? Seems to be a rash of STD during 4th quarter. Any help you can give would be most appreciated.