My husband is a co-owner of an S corporation. I have recently been hired as an employee to establish a cafeteria plan for use by the company's employees. I understand that as a more than 5% sharehold my husband is ineligible to participate in the plan.

However, can I, his spouse participate or am I too exempt because I am his spouse? I am not a share holder. I have received different info from different sources on this and the IRS has been of no help to me as of yet.

Thank you for any insight.

I am posting this for another lady, so hopefully I get all the facts straight!

There is a controlled group of 2 companies (each owned by brothers).

One of the brothers has decided that he wants his company out of the plan (it has come out of full funding and they do not want to make contributions). An additional complication is that the brothers have each tracked their contributions and presumably earnings. The brother who wants out KNOWS that his assets are greater than the PVAB.

First, is there a way (other than a spinoff to get the company out of the plan - including paying off the participants). I do not believe that to be possible.

What gets filed with IRS / PBGC IF there is another way???

One potential problem that I pointed out is whether the plan will still pass coverage and I was assured that it should not be a problem.

Anything else they should be worried about???

Thanks in advance for any insight.

We are trying to decide which type of plan a client actually needs?

They are a Community Services District, specifically the water and Wastewater sytems Department. we are considering having a salary deferral plan with a match. This gets a bit more confusing. They also want to offer PERS to their employees. So question #1 is, what is the determining factor for a 403 b.

Although an employer may not impose a 1,000 / last day requirement in order to allocate the 3% safe harbor nonelective, can an employer exclude a participant who would otherwise be eligible, but termed with fewer than 500 hours (statutory exclusion)?

Can anyone help me with the following questions:

1: What is a top-off calculation relative to ESOPs/LESOPs?

2: Does anyone have spreadsheet samples to track suspense, released and allocated shares in LESOPs?

Thanks.

Are any of you currently using the debit cards for your flex administration? Recommendations for a particular company? What have you liked and disliked about them?

Also, are any of you administering Section 105 Plans outside of a Cafeteria Plan? Thank you!

Was there any IRS ruling on being able to set up a SIMPLE IRA for domestic help? I realize this may sound crazy but a CPA told me that the IRS has created a new rule for setting up a SIMPLE IRA for domestic help? Anybody know of anything?

I know there's an ad section on Benefitslink regarding retirement plan administration services and I know the message boards are not for the purpose of advertising; however, I am looking for a retirement plan administration firm in NC and the only NC advertiser in the ad section has had its advertisement cancelled. Otherwise, I would not be posting this. I have a client with a plain vanilla profit sharing plan and a target benefit plan with some problems that are being cleaned up. Current TPA proposes to drop services within the next week. Again I apologize for the nature of the post. Any suggestions? Thanks for any help.

Can I contribute in the same year to an IRA and a ROTH IRA?

If you are employed full time and contributing to a 403B and you are also an independent contractor for a sole proprietorship - you have maxed your contribution to the 403B - is there any way to put more money in some kind of retirement 401K as an independent contractor or as a partner - open to any which way one can think of to allow him to maximize his retirement potential when at maximum contribution in his 403B plan.

Can someone confirm that minimum vesting under EGTRRA will apply to match contributions from previous years and not only contributions form 2002 on?

Thanks

Hello,

I've read thru many of the psotings on this subject. Situation: Company is out of biz & we're paying out the last remaining people. Using IRS & private search services we've located all but one participant. The private service returned a different name which leads me to believe that the wrong SS# was used when enrolling. Prior custodian does not have access to enrollment forms to verify. Balance is small (under $100).

I've seen mention of doing 100% withholding & forwarding to IRS, but with a bad social & no address that probably won't work. Any other ideas so we can put this plan to rest?

Does anyone know if there is an exception to having to file a 5330 under Section 4975 if the excise tax is below a certain dollar amount?

I have a situation where the lost earnings regarding a late deposit is $12.12, so the excise tax to be paid would be $1.81. It seems ridiculous to charge the client a fee for preparing Form 5330 for an excise tax of $1.81, but I am not aware of an exception. Any advise?

Does anyone have any comments on this situation:

For a calendar year plan, the 1998 ADP test was not performed until late December 1999. The ADP test failed, and due to the short notice the employer made the refunds directly from the company. They were supposed to make a distribution from the trust to reimburse the company, but this fell through the cracks, and the refund has STILL not been made from the trust.

I'm pretty sure I have a problem here, but not sure how big a problem this is. Any comments are appreciated.

I hope my subject line makes it clear what I am asking . . .

The wife is calculating her deduction amount for her medical reimbursement account.

She is wondering if it is okay to include the premiums her husband is paying toward family health insurance coverage, which is offered through his employer.

In 2000, the interest rate we are using is 9.5% and it causes the interest on the loan to exceed the stated P&I payment. My thinking is the plan is required to pay the entire interest amount as the required payment. As the share release formula is based on current and future payments, do I need to bump up future payments to cover the higher interest rates for the duration of the loan?

Thanks

Employer has a high-deductible insured medical plan for its employees ($1000 individual; $3000 family). Employer intends to reimburse employees for $750 of the individual deductible and $2250 of the family deductible. Employees will submit EOBs to employer showing how much of deductible has been met, and Employer will start reimbursing once employee mets $250 of individual deductible and $750 of family deductible. Payments will be on employee's paychecks.

Are these reimbursements taxable to the employee? Does the employer have to set up a 105(h) plan? Can such a plan be limited to providing reimbursements for deductibles only? If such a plan is created, is the insured plan and the 105(h) plan treated as one plan or two, for purposes of 5500s, SPDs, etc?

Who is responsible for defaulted loans? Is it the role of the plan administrator or the recordkeeper/trustee? Is there a link or code that supports this information?

Can someone give me a link to the actual EGTRRA legislative document that was passed? I would greatly appreciate it.