I have an employer who has taken his time in reviewing his document and he now, on December 19th, wishes to adopt the safe harbor provision for 2003. Other than the 1999 Transition Relief for Timing Requirement for providing the Fail Safe Notice, is there any other exception for providing the notice < 30 days prior to the beginning of the plan year? The existing plan already has a 401(k) provision in place.

Is tutoring expenses for a Special Needs dependent considered an eligible medical expense for reimbursement?

Thanks, Joe

With the recent regulation changes to 457 plans allowing 100% deferral, do plan managers have to allow for 100% deferral or is that just an option? What if a payroll system can't allow for 100% deferral? Are you in violation of any laws if you don't offer it? Can you set a maximum % less then 100??

Selecting 100% could open Pandora's Box in regard to other voluntary/involuntary deductions. Could some one please shed some light.

Thanks

:confused:

Employer has a 401(k) plan with calendar year plan year. Their fiscal year end is November 30, 2002. They make their matching contribution at the end of the plan year.

For deduction purposes, what amount is deductible for fiscal year ending November 30, 2002.

Matching contributions attributable to comp/deferrals for:

January 1, 2002 through November 30, 2002?

December 1, 2001 through November 30, 2002?

Or January 1, 2002 through December 31, 2002?

Any of the above??? Any cites to support the answer? Thanks in advance for any input.

An employer gives employees a fixed amount every quarter to use for their cafeteria benefits. If an employee does not use all of the amount given can the amount left over at the end of the year be directed to their 401(k) plan as an employer contribution? If so how is this taken into account for testing purposes?

Please advise your thoughts on how to correct excess contributions/overcontributions to a 457 plan. For example: are they returned to the employer? the employee? And, how are they taxed? Using 1099s? Thanks.

If a participant designates non-spouse beneficiaries for his 403(B), upon the participant's death prior to his Annuity Starting Date, may the assets remain in the plan? If so, can separate accounts be set up for each beneficiary and each beneficiary's life expectancy be used to determine the amounts to be distributed?

Did search and found nothing like this. Company X had three DB plans for three subsidaries in late 70's. All plans were terminated and annuities purchased. Company X sold all three companies shortly thereafter and ceased operations. Now Company A, wholly owned by my company, is recieving dividend checks for Company A plan (termed in '78) and Company B plan (plan termed '78 & company sold '79).

Where do I start sorting out who is to receive checks. No EIN listed for receipient. Does the type of annuity purchased in '78 make a difference in who received dividends?

Help - not even sure where to start research.

Does anyone have any information on the percentage of 401(a) government plans that request IRS determination letters? Based on your experience, do you have any guess?

Anyone suggest a link, article considering the AMT implications when an executive elects to defer a significant percentage of current compensation? Thanks!

Hi there,

A while ago I openned two IRA accounts. One Roth...One Traditional. I am planning on buying my first home next year and want to use my IRA for my down payment. I know that this will entitle me to a penalty distribution of the monies in this account but I wanted to know which one I should withdraw the full $10K from. Am I charged my current tax rate (upon withdrawal) if I pull from the Roth IRA or what? Can someone please explain the pros and cons for withdrawing from either on for my downpayment?

THanks in advance!

With the recent regulation changes allowing up to 100% deferral of compensation to 403b plans, do plan administrators HAVE to offer 100% if a payroll system can't handle 100%?? Or, if you don't offer 100% are you in violation of any laws??

HELP????? From a payroll standpoint, what constitutes 100%?

Sorry for the ignorance but i deal alkmost entierly in the 401k world. I have a 501©3 client with a 401a plan and they are contemplating a deferral only 403(B)7 plan. If they make matching contributions or non-elective contributions to the 401a plan, does that make the 403b subject to Title I of ERISA?

Can anyone tell me if there is any notification requirement to the participants when terminating a SIMPLE 401(k) Plan?

Thanks.

Can anyone give me the web address or phone number for a company that marketed software for the NQDC market.

I think their illustration software was marketed as "AFS" or something similiar.

If they are still in business I would appreciate help in locating them.

Thanks

Bob Parks

Plymouth Minnesota

An employer decides to implement a MPP plan for the 2002. Does the employer have until the due date of the tax return for 2002 to adopt the plan or does it have to be done by the end of the year. Something tells me they can adopt after the end of the year, but can't find any cite.

Thanks for your help.

Lori

I'm trying to get information about the New York State Teachers' Retirement Plan. I thought there might be a website, but I'm having trouble locating it if there is one.

Specifically, I'm wondering if a spouse is entitled to any benefit upon the death of a teacher. The teacher chose a single life annuity option. An earlier question on Benefitslink indicates that no spousal consent was required to take the single life option. However, I don't want to point to a message board as my authority. I would like to get it straight from the horse's mouth, so to speak. Can anyone steer me in the right direction?

Is there any scenario under which I would need to be concerned whether or not a plan is super top heavy.

The Plans in question are a money purchase and a 401(k) profit sharing plan covering the same employees.

If a former employee is found to have submitted fraudulent expenses, ones they never paid for, but did receive reimbursement.

Is the Employer legally able to go after the exemployee for the reimbursed money received?

I can't find a quick reference to the changes the DOL made for plan years beginning after April 18, 2001 on bonding, etc. so as to avoid an independent qualified audit. Could someone take a moment and either explain them or refer me to a site? Thanks, in advance.