yes, under the reporting regulations, it continues to be the plan administrator's responsibility to issue 1099s.

This ultimately means that the plan can not "drop out" after the interpleader payment.

The regulations on depositing participant deferrals reference "business days." What the heck is a business day?

Is it basically everyweekday except for a banking holiday?

We have a several DB plans that we have recently restated for GUST. The termed vested participants were provided SPD's upon eligibility. Is it necessary to provide them with new SPD's?

Thanks.

If an employee rolls money to a 401k with her current employer from a previous employer's 401k plan, can she later roll those same funds out to an IRA while still employed with the current employer? Or are the funds typically locked up until she terminates from the current employer?

Simple question - I'm thinking about converting a regular IRA to a Roth IRA. Will I be allowed to offset the taxable gain on the conversion with some investment losses I took this year?

Does anyone have a one or two page summary of features of various qualified plans: 401(k), Simple, Profit Sharing, Money Purchase and DB plans.

Does the new S-O bill eliminate, or severly limit, SERP Swaps for executives and directors for public held companies?

An employer allows 401(k) plan participants to invest in company stock. When dividends are paid, the participants may elect to have them distributed from the plan or reinvested. Does such a distribution of dividends count toward a participant's MRD?

I work for a public school district in Minnesota. What is the maximum employer contribution for a 403b. The currently do a 1 to 1 match up to $2,000. How high can this match go?

Thanks for any help!

Hi,

My husbands previous employer didn't pay our insurance premium

for Nov'01. Without knowing this, we had been to the doctor.We received a medical bill last month saying that the insurance denied payment as we didn't have insurance coverage for November 2001.

We are trying to contact them, but they are not responding.We have only Check copies from the bank as a proof of payment.

1.What should we do now?

2.Is the check copy sufficient to prove that I have sent the premium to my former employer?

Thank you

Through work, I have contributed $2080 to a TIRA. Additionally, I have contributed $2400 to a Roth IRA. I was advised that I could do this since the TIRA was through an employee savings plan. However, I am not sure this is the case. It appears that I am only able to contribute $3000 aggregate between the two accounts.

I have had both accounts for a several years, which means I may have over contributed for several years. (In years past, I only contributed $2000 to each account.)

If this is the case, what are my options?

Is it possible to transfer the Roth IRA into my wife's name since she does not have any IRAs?

I inherited a cash balance plan in which it appears that "interest" accrues only to the date of termination of employment, not until Normal Retirement Age. (After termination of employment the interest rate is zero.) I understand that the IRS doesn't like these plans and that there may be serious problems, but I haven't been able to find anything in writing.

Can anyone give me a summary of the problems or point me in the direction of a good ruling or article?

Thank you.

Is there any restrictions/regulations that keep union employees from participating in a 125 plan?

If a plan only permits one loan outstanding, how would the refinancing proposed regulations work? The regulations treat the refinancing as two separate loans outstanding on the date of the transaction, but is it possible to merely replace one loan for another loan under a plan that provides that only one loan can be outstanding?

I am trying to understand the rules in HIPAA to see if I will be affected by pre-existing conditions. I lost COBRA insurance on Nov 1 and will be enrolled in my employer insurance on Jan 1st. Is it correct that since I have had coverage for years and will only have this 61 day break in coverage that I will not have a pre-existing condition in my new plan with my new employer?

I know this is very elementary for some, but I am in need of some resources to educate myself on 401k plans. I would appreciate any information that could be provided.

Employer started a SARSEP in 1996. In second quarter of 2002 "switched" to a 401(k) and now wants to "switch" back to the SARSEP. There were some SARSEP deferrals in the first quarter. Can the employer "re-start" the SARSEP?

A small plan with 8 participants (3 HCEs and 5 NHCEs) allows after-tax contributions for all participants. The plan is not a 401(k) plan. Two HCEs wanted to make 10% after-tax contributions for PYE 10/31/02. The Employer is making a 15% PS contribution.

We believe that, as long as the NHCEs make no after-tax contribution, then the HCEs cannot make any after-tax contribution because, under 401(m), the lesser of 200% or 2+ percentage points is 0% (200% x 0% = 0%). Even if the NHCE made a nominal after-tax contribution, we don't think it would help much; e.g., NHCE average is 0.1%, then the most the HCE average could be is 0.2%. (The 125% test is even less than the 200%/2+ test.)

Could someone please confirm this understanding?

We have a situation with a small, terminated Money Purchase Plan where there is one remaining participant who refuses to make an affirmative election as to taking her funds. The account balance is over $5,000.

The “normal” form of benefit under the Plan is a Joint and Survivor Annuity, which we told the participant will be purchased absent an election for a rollover/lump sum, etc. The problem is that we cannot find an insurance company (in Pennsylvania), that will set up an annuity without the participant’s signature. Does anyone know of a company that will do this or perhaps accept the Trustee’s signature?

Thanks.

BTH

A Qualified Plan participant dies.

Her ex-husband had a post-death qdro entered awarding him the benefits under the plan. Post-death qdros seem to be OK in some jurisdictions under certain circumstances.

The deceased's children from another marriage claim the benefits under the Plan's default beneficiary procedures, as no beneficiary is on file with the Plan Administrator.

The Plan Administrator decides to file an interpleader action to have a court determine who gets the plan benefits.

So far, so bad, but here is the question I really need answered:

Specifically, may the Trustee of the Plan, at the direction of the Plan Administrator, pay the plan benefits into an "interpleader fund", i.e. into the Court, pending the outcome of the interpleader litigation without running afoul of ERISA's anti-alienation requirements?

I found proposed IRS Reg. 1.468B-9, that I think says the answer is yes, the distribution does not take place until it leaves the Plan, in this case upon distribution from the court to the winner of the interpleader action.