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Defined Benefit User's Group
I am just curious. Does anyone know if there is a Relius Defined Benefit User's Group??
Distribution to Minor
401(k) Participant died. Ne was never married, but has a minor child. Participant designated only his child as beneficiary. He also verbally expressed his desire not to allow the mother of the child to get access to the money. His benefit is over the $5,000 threshhold. What, if anything, can the Trustees do to carry out participant's wishes. Or are they limited to just distributing the account to the mother as legal guardian "for the benefit of" the minor?
Large Plan or Small Plan?
I'm pretty sure I know the answer to this one, but wanted to see if anyone can back me up...
First plan year for a 401(k) PS Plan - they have 118 eligible ee's at the beginning of the Plan Year. Can we get away with doing a Schedule I?
QDROs
Can a spouse who is the alternate payee under a QDRO roll the assets to any qualified plan or only to an IRA?
It also happens that the spouse in question is also a participant under the plan the QDRO will be paid from. Can she roll the assets into her plan participant account?
Cafeteria Plan Flex Credits-Urgent!
I am getting some very conflicting information regarding our flexible spending credits. The company gives employees who do not have health coverage a certain amount each pay period in a flexible spending account. The employee can then choose to use that money in a medical reimbursement account or a dependent care reimbursement account.
Last summer when we put this plan into place, we were told that the employee had the right to the full amount from the beginning of the plan year, just as if the money was coming out of the employee's paycheck. So, if the total of the flex credits for the entire year was equal to $1200, the employee could claim the $1200 whenever he or she had accumulated the medical expenses.
Now we are being told that we can set up our plan so that the employee is only entitled to the amount accured in the plan. So, if the same employee has $1200, which is $50 per pay period, he or she can only receive reimbursement for whatever was put into the plan. For example, if the plan year begins on January 1, that employee would have $650 in their account now.
Is this true? If so, has this always been true or put into effect recently? Help!!!
Husband owns 6.4%, Wife owns 39.82% . . . whose ownership %?
Husband and wife own business. Do we aggregate their ownership percentage, or allocate each to his/her own?
child care credit vs. dependent care reimbursement
Does anyone know what the 2002 income crossover point is beyond which it becomes more beneficial to take the child care tax credit rather than participate in an employer's dependent care reimbursement plan?
New legislation
As many of you know, the legislation is intending to make assets held in a rabbi trust currently taxable to executives. What are people seeing as the alternative? Also, the new "executive loans" will have a major impact on split dollar life insurance, what's everyone doing?
Rev Proc 2002-47 in Word format?
Has anyone come across a copy of Rev. Proc 2002-47 (the revised EPCRS procedure) in something other than .pdf format?
I'd even be happy with HTML, just something that I can copy & paste into Word to make it searchable.
Thanks.
Claims Procedure
Anyone see a good sample claims procedure for health plans that complies with the "new" DOL regs?
card
AFLAC, American Heritage, Colonial etc
Does anyone have any idea (or reference source) of how many employers are allowing the supplemental accident & health plans other than Cancer plans that are being sold?
The main plans are apparently the Sickness & Accident and the STD plans.
It would be nice to find out employer paid versus employee paid and pre-tax versus after tax premium patment.
I thought that these plans were quite popular, but during this week alone I have had 2 benefits attorneys fron top 100 (possibly top 50) law firms and 1 HR Director at a college tell me that they have never heard of these plans and were not aware that such plans could even exist that paid benefits for injuries etc.
Eligibility Issues
Can a Plan Sponsor set eligibility for participation at 1,000 hours and 6 months of service?
I understand that if an Employee fails to work 1,000 hours, the eligibility then reverts to 1,000 hours and a Year of Service.
Starting and stopping RMDs
Can a more than 5% owner in a 401(k)/Profit Sharing Plan who is still actively at work and has begun taking the required minimum distributions (RMDs), sell his ownership interest, continue to be actively at work as a non-owner and stop taking RMDs if the plan allows?
401k Participation
We are looking into promoting our 401k) plan to get our participation up. With the stock market down and people losing money, I can see this being a hard sell for those employees who are not in the plan yet. I can see even losing people in the plan. We also have a portion of people who live paycheck to paycheck, so even $5 is hard for them to give up.
I'm looking for things you have tried that helped. Any suggestions would be appreciated!
Reversing a loan payment
A participant paid off an outstanding loan, but now wants to reverse that payment. In other words, he wants to assume the loan payments again.
Is this okay?
Domestic Partners and Flexible Spending Accounts
Can an employee get reimbursed for medical and/or dependent care expenses incurred by a domestic partner of that employee?? I assume that the answer is depends on whether or not the domestic partner is a "dependent" under the Internal Revenue Code but wanted to get thoughts on this. Is there a ruling or case on this? What if the flex plan defines "dependents" to include domestic partners - could the FSA be disqualified?? ANY thoughts/cites/articles would be appreciated.
General Fund to Directed Investment to General Fund
Participant (doctor) in PSP of medical practice elected to direct the investment of his account with a broker other than the broker handling the general fund. Now, she's unhappy with her broker and wants the broker handling the general fund to also handle her directed investment account. General fund broker has said he won't touch it since the account does not meet their in-house threshold for directed investment accounts. Doctor now wants to cease directing the investment of her account and get back into the the general fund. I would assume the plan document would not have any prohibition against the doc coming back into the general fund, but from the admin/record-keeping side wouldn't it be prudent to switch gears at or close to plan year end? Any thoughts on this? Thanks...
Can an IRA be left in an estate and the RMD be distributed each year t
The scenario goes like this.
Taxpayer A has an IRA which he named B as his beneficiary. A dies and B starts to receive the required minimum distribution each year. A & B are brothers and both are over 70-1/2 years old. The Ira has been left in the name of A with B listed as beneficiary.
B now dies. C is B's wife and is sole executrix to his estate. The only asset in the estate is the inherited IRA from A. The rest of property was jointly owned by B & C.
Can C continue to receive B's required minimum distributions through the estate or does the entire amount of the inherited IRA become taxable upon B's death?
Information such as code section, court decision or private letter ruling would be appreciated.
Thank you.
Wendell
investments
If you had bought $1000.00 worth of Nortel stock one year ago, it would
now be worth $49.00.
With Enron, you would have $16.50 of the original $1,000.00.
With WorldCom, you would have less than $5.00 left.
If you had bought $1,000.00 worth of Budweiser (the beer, not the stock)
one year ago, drank all the beer, then
turned in the cans for the 10 cent deposit, you would have $214.00.
Based on the above, my current investment advice is to drink lots of Bud and recycle.
Discretionary Match Contribution/Formula
If the Plan Document states that matching contribution is discretionary (uniform % as determined by the ER), can the employer decide on a compensation cap each year or must the cap be stated in the plan document? If there is no cap in the docment will Resolutions stating the cap each year suffice?








