Our small (20-person) non-profit offers both a SEP-IRA, to which our employer contributes about five percent of employee salary each year, and a voluntary 401(k) to which the employer does not make contributions. It is our understanding that, under the SEP-IRA requirements, we must maintain a prototype plan document that allows contributions to both a 401(k) and a SEP- IRA. Our SEP-IRA provider, Vanguard, no longer makes such a document available to small groups such as our own. Our 401(k) provider, Paychex, has said it cannot provide such a document. It has also mentioned that our plans need to be co-tested -- information that is new to us one year into providing the 401(k). I have several questions: 1) Are we right in thinking we need to maintain a prototype plan document for a plan that allows contributions to both a 401(k) plan and a SEP-IRA? 2) If so, does anyone know how we can get such a document? 3) Is our 401(k) provider correct in telling us that the plans need to be co-tested? 4) If so, does anyone know who provides such services and what we should expect to pay?

Our small (20-person) non-profit offers both a SEP-IRA, to which our employer contributes about five percent of employee salary each year, and a voluntary 401(k) to which the employer does not make contributions. It is our understanding that, under the SEP-IRA requirements, we must maintain a prototype plan document that allows contributions to both a 401(k) and a SEP- IRA. Our SEP-IRA provider, Vanguard, no longer makes such a document available to small groups such as our own. Our 401(k) provider, Paychex, has said it cannot provide such a document. It has also mentioned that our plans need to be co-tested -- information that is new to us one year into providing the 401(k). I have several questions: 1) Are we right in thinking we need to maintain a prototype plan document for a plan that allows contributions to both a 401(k) plan and a SEP-IRA? 2) If so, does anyone know how we can get such a document? 3) Is our 401(k) provider correct in telling us that the plans need to be co-tested? 4) If so, does anyone know who provides such services and what we should expect to pay?

I've never heard of this before. Employees are allowed to buy insurance that will pay their salary if they lose their job.

Is this type of insurance allowed to be paid with pre-tax dollars in a cafeteria plan?

Does it make a difference if the plan sponsor is a prison? I'm not sure if the prison is privately run or government.

Thanks.

Michele

Haven't done one of these for awhile; just wanted to confirm that the correct address (taken from Rev. Proc. 94-41) is still

Assistant Commissioner

Employee Plans and Exempt Organizations

Attention: CP:E:EP:R

P.O. Box 14073

Ben Franklin Station

Washington, DC 20044

Also, my reading from 2002 schedule is that user fee amount is $2,200 (under 100 life plan with waiver request approx. $55,000).

Can anyone confirm this address for me (just wanted to doublecheck due to all of the restructuring of the IRS).

Thanks for your help.

Participant and spouse elect to waive the QJSA in a DB plan, and elect a lump sum benefit. Two weeks later (before lump sum payment can be made) participant dies. Assume I don't have a waiver of the QPSA.

I'm thinking the benefit needs to be paid under QPSA now, any thoughts?

Michele

Is there rules or regulations regarding an error on emploer dudcutions. The employee started in July 2002, filled out the correct paperwork for benefits, got the insurance cards, and was considered enrolled. They found out in Dec. the payroll never received the deduction form from benefits, and now they have to back date them.

Are allocated forfeitures counted toward the gateway test? If the HCEs are receiving greater than 15% of comp and the NHCEs are receiving an employer contribution of 4.7% of comp and .3% of comp from forfeitures, is that considered passing the gateway?? Thanks.

Since the 15th of March falls on a Saturday, what is the deadline for refunds? The 14th of March or the 17th of March?

Can the spouse of a owner who is set up as a sole proprietor filing as an LLC, participate in a FSA?

Participant defaulted on his loan and received a 1099R at the end of 2001. In 2002 he terminates employment. Is his loan balance included as part of the distribution and taxed? Would this be a loan offset eventhough he already received a 1099R for the loan balance in 2001?

Any guidance and perhaps an example would be helpful.

we currently record keep a plan that has 401k, some match and safe harbor, and profit sharing.

the plan is leaving us to go with a new provider that only does p/s plans. the pa wants to liquidate the 401k, match and safe harbor as a plan termination, while retaining the p/s in the plan.

can she do that? or does she have to terminate the whole plan and start a new one with just p/s? and in that scenario, i would think the participants would have the option to roll the money into the new plan or do with it what they will--it could not be mandatory.

any thoughts would be appreciated.

i am considering moving some money from a traditonal ira into a roth over the next three years. is it true that after 5 years i can withdraw my contributions from a roth ira in 5 years, without penalty? is that five years from the time i opened the roth with my initial contribution? or must i wait 5 years after each contribution.

What are the timing rules for depositing contributions to a 457 plan? Are employee contributions under the 15 day/as soon as can be segregated rules like a 401(k)? What about employer contributions?

Terminated employee of start-up company has employment agreement that includes stock options. Can any value be applied to those options if it is a privately held company and the stocks are not yet worth anything? Must the employee be recompensed for possible future value?

Is it correct that for 2002 an HCE can defer $11,000 into a 457(B) plan in addition to any deferrals he/she may have contributed to a qualified 401(k) plan?

A CPA has a Dr. client, Dr. P who has his own retirement plan. The Dr. is a 14% owner of a Medical Practice which does not have a plan. The staff employees are leased through a PEO and have a 401(k) plan through the leasing company. The CPA is not sure of the rest of the ownership of the Medical Practice but Dr. P has a monthly draw from the Practice to his corporation from which pays himself and his expenses (auto, etc.). Dr. P sees all his patients through the Medical Practice. His current TPA tells him that there is no problem with this arrangement. We do not agree. Am I missing something here? Thanks...

A participant took a loan from a k plan in feb 2002, and completed all the applicable paperwork, etc...

The employer never took payroll dedcutions.....is the loan in default? Or can the Employer begin deductions now?

This question is brought up from the IRS Q&A at the 2002 ASPA Conference...Question #49

What account balances are used in determining the top heavy status of a DC (non-pension) plan? More specifically - do you include receivable contributions (Top Heavy Minimum Contribution allocated to Non-Key EEs only)?

Example:

1st plan year of a 401(k) only plan. Plan year 1/1/00 - 12/31/00. The Key "Cash" account balances are more than 60% of the total plan balances at 12/31/00. Therefore, the plan is TH for 2000. The plan allocates a 3% minimum contribution to the Non-Key employees.

In determining the top heavy status for 2001 - do I include or exlcude the 3% minimum top heavy contribution (allocated to Non-Key ees only)?

**Same question only it's not the first plan year...Do I include or exclude the receivable?

In my research I found (ERISA Outline Books and various other locations)...in the first plan year you include ER Discretionary receivables - but only for the first plan year. However, I'm interpreting the IRS response to say different.

Thanks for your help!

HCE A has salary of $70k with $5,600 in deferral for an ADP of 8%

HCE B has salary of $200k with $11,000 in deferral for an ADP of 5.5%

Maximum ADP for HCE's is 6%.

HCE A is over age 50 but HCE B is under age 50.

Refund for HCE B is $1,400.

Since HCE A causes the plan to fail, is he the one that exceeds the limit and can count $1k as "catch-up" contribution and lower the refund for HCE B to $400, or;

Since HCE B is getting the refund, is he left in the cold because he is under age 50 and can't use the "catch-up" provision.

Thanks.

We have a one person Profit Sharing Plan (formerly a Keogh), who is interested in making the Plan a Uni-401(k). The PS Plan has recently been amended & restated for GUST/EGTRRA, etc.

My question:

If he wants to become a Uni 401(k), is it only necessary that I amend to permit 401(k) contributions, or do I need to draft a whole new document that specifies that this is an individual 401(k) Plan?