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Death Benefits
A widowed friend made a claim for a death benefit with the State of California Her deceased husband had worked for the State of California for over 24 years.
Approximately 12 years ago, they took out a loan on the Plan to purchase a first home. Thereafter the husband worked for the State of California for 12 more years. He was terminated and then passed away 6 months later.
My widowed friend with two children is trying to make a claim. The agency has been very unhelpful in responding to her.
They only sent her a letter stating the loan caused her husband to move to a 2nd tier in the Plan and because he passed away greater than 4 months to this termination. there is no monies to distribute from his account. This does not sound accurate!!
The State refuses to gives us any plan information or details on how or why this happened. I would appreciate any help or information anyone could give me on the State of California pension plans(CALPERS) or any appeal process. Thank you!
Schedule C
We have a partially self-funded health plan, with the administrative fees paid directly out of general assets. Are we required to file a Schedule C with the 5500?
Form 5500: Line 10, Schedule T
I have been told (third hand) that testing for Schedule T only needs to be done every third year.
Anyone have any thoughts or documentation?
Excluding Medical Residents from 403(b) Participation?
Is anyone aware of an IRS ruling or other pronouncement on whether or not a hospital's 403(B) plan may exclude medical residents from participation, as a class of employees?
The residents are W-2 employees, work well in excess of 20 hours per week, and earn well under the HCE threshhold.
Yearly fees
I would like to purchase stock and designate it as my Roth IRA. The broker I've spoken with told me that in addition to the initial purchase fee for buying stock, there is a yearly maintenance fee for the Roth IRA. What kind of fee is common for this type of account? This is my first Roth IRA and I would appreciate any comments.
Improper reimbursements from a medical flexible spending account.
What are the specific consequences if an employee is reimbursed from a medical flexible spending account for an unqualified expense such as vitamins? Will it affect the entire cafeteria plan? Will the employee have to pay taxes on the amounts, or will the employer be liable? Will there be penalties for failing to withhold taxes? What will the employer's liability be to the employee? Will the employer be able to reimburse the employee for contributions to the plan if the employee was lead to believe that the unqualified expenses were qualified?
Copy of Prior Determination Letter--Where to Find?
Years ago, we used to request copies of determination letters from the IRS if client could not produce one and didn't know whether they had one, etc. Seems there was a "local" address here in L.A. for such requests back when we submitted applications to Monterey Park. Now that the submissions are all going to Cincinnati, can anyone give me an address or contact person at the IRS that would be able to provide a copy of the TRA 86 d.l. (or confirm that one was never issued?).
new ERISA laws HR.3762 S.1991 S.1992
HR.3762 S.1991 S.1992
anyone have an explanation, interpretation or summary of how these will effect bank trust departments who act as trustees of erisa funds?
thanks
Prior record keeper refuses to do final valuation
We are a 401k administration firm taking over a 401(k) plan from another administration firm. The previous firm is refusing to do a valuation at the time of transfer, saying that they only do valuations at the end of the year.
I have never run into another admin. firm that flat out refuses to do the valuation. Any insights on where to go? Would the DOL have a problem with this?
Group Medical Insurance for small TPA
We are a small TPA firm (6 employees) and our group medical insurance seems way to expensive.
Does anyone know if any professional organizations (such as ASPA or NIPA) offers group insurance for its members.
No beneficiary designation
I have a profit sharing plan where the participant died, with no beneficiary form. He has no spouse and no children. His parents are all he has. Do the funds get dispersed to his estate or directly to the parents? What if there is no estate?
TPA Software
I would like to get some feedback on software for third party administrators of cafeteria plans. Can anyone recommend a software package from a company that offers good customer support? We are just starting a TPA company and we are not sure if we are satisfied with the software we are using. Any suggestions would be helpful. Thanks!
Company Stock Limits
Trying to determine if any plans or providers actually have imposed a participant limit (percentage or dollar) for investments in Company Stock. I see significant issues with 'Hard Caps' (liquidating stocks as participant breaches the set limit) in a long-term rising market, particularly with regard to possibly causing the plan to become employer-directed [my worst case scenario is that a participant is above a mandated cap, the plan determines which investments each contribution should be invested in, 10 years go by, and the participant claims that the plan is liable for the underperformance of his account...mainly since he hasn't been allowed to select the allocation of each contribution because the plan had some arbitrary 20% cap on Company Stock]. Would love to hear about any providers andy what they've developed to support plan provisions.
Anticutback Rules
Can you get rid of optional forms of distributions (leaving just lump-sum option) in a 403(B) Plan (ERISA) like you can with most qualified plans?
Definition of Stock Bonus Plan
The definition of a stock bonus plan is a defined contribution plan under which benefits are distributable in employer stock. Treas. Reg. -(B)(iii)1. An ESOP may be a stock bonus plan, or a stock bonus plan and money purchase plan. See IRC §4975(e)(7).
My question is are S corp ESOPs and C corp ESOPs that do not distribute in stock due to bylaw restrictions still considered "stock bonus plans"?
It is necessary to know when preparing the 5500, and the actual definition of a stock bonus plan seems to be contrary to these type of ESOPs.
Thanks.
Change from single employer benefit plan to multiemployer benefit plan
What is the procedure for changing from a single employer defined benefit plan to a multiemployer plan? What statutes or regulations apply; do you have to terminate the original plan?
Bona Fide Wellness Program
If an employer implements a premium discount program for non-smokers that meets all of the requirements of a "bona fide wellness program" as set forth in the most recent HIPAA regulations, and an employee who is a smoker decides to participate in the smoking cessation program mid-year, does the employer have to rebate the additional premiums that such employee paid prior to participating in the program? (or does the reward--the lower premium--only apply to the time after participation?)
IRA, ROTH IRA, 401.....whew lot to swallow
HI! I spent a little time browsing and it seems a lot of my concerns, questions have been answered or addressed. This is a great site for the basics.
Not necessarily being a conspiracy theorist...but....I have always been a little concerned with putting my money in other peoples pockets for them to use......even if they pay me to do it. Therefore, that explains why I am 34, respectably intelligent and still NOT in the market at all. I own a rental house and always wanted more of those but ........I also own a business which runs itself more or less and hope to sell it one day also. I have always told myself that was enough, no need for IRA's etc...
That being said, I think it is time to start saving a little. Plus, being a gambler at heart, I think I would enjoy it. So, a Roth may be in order for me. I have investigated a little at Vanguard and like what I see. I like the low fees and etc.
Does anyone see any chance that all of our money, tied up in Mutual Funds etc could be at risk and just vanish into thin air someday? I know that there are millions of people in the market, but what if? I guess maybe I am a conspiracy theorist because I really worry about that. Sorry! Does anyone else worry about that?
If I do decide that I'm not scared, am I on the right track? Do I need a financial advisor for this sort of thing? Also, since I am an employee of my own corporation do I qualify for a ROTH? Thanks
Anyone heard of American Employees Benefit Trust?
Has anyone heard of a multi-employer "American Employees Benefit Trust" offered by Founders Financial Group?
Health Spending Arrangement
How would a Health Spending Arrangement work for a self-insured plan as opposed to a fully-insured plan and has anyone implemented this on a self-insured basis? Is this type of plan only for a fully-insured plan?





