I'm a rookie to the 457 arena, and have some basic questions,

1) Is the 457(B) considered to be a qualified or non-qualified plan.

2) Does the new EGGTRA changes allow a former participant in a 457(B) plan roll their account balance to a 401(k)?

3) Since the 457(B) Plan does not require annual discrimination testing and 5500 filing, is there any need to have (and pay for) a TPA?

4)Is there any reason an eligible employer would not want to have both a 401(k) and a 457(B) plan, since an eligible employee can now contribute $11,000 to each plan?

5) It appears that a 457(B) plan allows a plan sponsor to discriminate who is eligible. Are there any rules governing eligibility or can I, the plan sponsor, allow only the people I like (and who are nice to me) to enter the plan?

6) Do you have any recommendations as to an investment company who is willing to work with smaller non-profit entities in establishing 457 plans?

Thanks for your assistance,

Where does the liability lie? If the TPA is processing claims and performing its due diligence in assuring an expense is viable and then the expense is not; what are the consequences? and who holds the liabality? Could the TPA be laible for issuing a remiubursment check that shouldnt? (example: An employee submitted a claim for a dependent( they said) and that "dependent" was not being claimed by the participating employee)

Okay--bear with me on this one. We've got a client in a 1-man MPPP plan with substantial assets that wants to terminate the plan and roll to an IRA. He is 70. For reasons I won't go into here, he would like to avoid getting spousal consent, so we are trying to figure out a way to assert that the benefits are not subject to 417/annuity provisions. Chew on this: Assets were originally accrued in a DB plan back in the 80's/90s. Early 90's,the DB plan was terminated (determination letter received) and participant and spouse both executed the annuity waiver and elected to transfer the benefits to a newly established MPPP (by the way, this DB plan also survived the actuarial audit "witch hunt" back in the late 80's). This MPPP was set up to provide for a 0% contribution and no contributions were ever made to this plan. Now, the participant wants to terminate and roll the funds to an IRA without his spouse's consent. Okay--this may be far fetched--don't pummel me with the "rules" because I know them. But how about an argument that asserts that since this plan was set up with a 0% contribution, the plan is and never has been subject to 412? Thus, the plan would not be subject to the annuity requirements of 417? So . . . we could amend the plan under the 411(d) regs (1.411(d)-4) to eliminate the annuity provisions (remember, an annuity waiver/consent was already obtained back when the distribution/transfer occurred between the DB and the MP). I realize that this is pretty "creative," but I would like any comments . . . .

I'm working on a new 401(k) plan for a partnership with four partners, and I'm calculating the safe harbor contribution. The CPA has allocated the non-partners' safe harbor contributions in accordance with the partnership agreement. However, I was told that the safe harbor contribution for the partners is not a partnership expense and is not allocated according to the agreement. It is allocated to the partner who is receiving the contribution.

Is this correct?

Would a bank acting as a trustee of a VEBA required to include it in the "other" category on the Federal Form RC-T for Fiduciary and Related Services???

Does anyone know if medical and dependent care flex spending accounts can be administered on a company's fiscal year as opposed to a calendar year? I've never seen it done any other way besides calendar but I thought I'd double check. Thanks!

Can an employer in SC terminate the health insurance under it s welfare plan to an employee who is currently out on a workers' comp claim and who refuses to pay his share of the insurance premium? Where do I start the research? Any cites? Are there any special rules in SC for this?

I'd like to know how administrators out there handle clients when using the Financial Interface in Relius with regard to ADP/ACP tests. We have many small clients that we test at June 30 to project to year-end and prevent test failures. When using the financial interface, the data contains a prior year receivable and does not yet have the current last payroll receivable. At this point, we still request census data including deferral/match every six months, but I have to have the client in the database twice, using one for account balance data and one for testing. How do others do this? Is there an easier way? Any input is appreciated.

are VEBA's governed under ERISA?

Thanks in advance

Two country clubs have merged into one. The one club has a 401(k) plan the other club has a 457(B) Top Hat Plan.

1) Can they have both in place at the same time?

2) If so, can participants who are eligible for both plans contribute to both plans during the same plan year?

3) If they decide to stop the 457(B) plan, what can participants do with their account balances? Roll into an IRA?

4) Will having a 457(B) plan affect the testing (or anything else) for the 401(k) plan?

This is kind of a strange Question, but any wisdom is appreciated.

In a Simple 401(k) plan, do the owners have to give theirselves the mandatory match. I have two owners who don't really want to match their deferrals? Strange..

Marybeth

We have a client who completes their own 5500 and then they ask us to review it.

Among the Plan Characteristic Codes they have chosen for line 8a is a Code "2R." I've never seen code 2R before. Is this a new code for 2001? What does it indicate?

I have a client who wishes to install a plan whereby the employer makes all the contributions. All contributions will be used to fund medical costs not covered by medicare insurance (I'm not sure if this client wants to actually purchase supplemental insurance coverage or actually pay the non-covered expenses).

He wants to do this on a tax qualified basis (deduction to employer for the contributions, tax deferred growth of earnings). I have done quite a bit of hunting to find out if this is an allowable type of plan and can't find anything on point.

Can anyone point me to a good article or give me any guidance as to what type of plan document would be needed, what code section this falls under, etc. I am a 401k person - hopefully I'm not asking a dumb question. Any help is appreciated.

An employer sponsors a Union plan and an non-Union plan. The employer amends for catch-ups in the Non-Union Plan on 1/1/02.

When does he have to allow catch-ups in the Union Plan- by the 10/1/02 date?

Or by the plan year that begins after the termination of the CBA in effect on 1/1/02?

Does anyone know whether Missouri has passed EGTRRA conformity legislation? Do you know where I could find the bill or statute? I can't find anything for this state on conformity legislation. Any help would be greatly appreciated!

Company "x" sponsors plan "plan of x". February 1, 2002 "x" changes name to "y" and plan name to "plan of y".

What sponsor name and plan name should be used in completing Form 5500 for the 12/31/2001 pye? For SAR?

Form 5500 instructions:

Line 2a.

1. Enter in the first two rows of boxes labeled 1) the name of the plan sponsor or,.....

The term "plan sponsor" means:

· The employer, for an employee benefit plan that a single employer established or maintains, and for a fringe benefit plan;

Line 4. If the plan sponsor's or DFE's name and/or EIN have changed since the last return/report was filed for this plan or DFE enter the plan sponsor's or DFE's name, EIN, and the plan number as it appeared on the last return/report filed.

New Jersey appears to have a provision equivalent to IRC 104, but I don't see one equivalent to IRC 106.

What is the authority for not taxing employer paid medical insurance under the NJ gross income tax?

Thank you.

Facts:

1. Plan already tested ADP/ACP for 2001 plan year.

2. Plan already experienced substantial ACP failure with significant refunds/forfeitures.

3. Sponsor has subsequently uncovered multiple lost deferrals, and adjusted accordingly with applicable match and gains/losses.

Question:

Does the Plan require re-testing under EPCRS or otherwise? Or, should the adjusted contributions (w/applicable match amounts) be tested in 2002?

I have a safe harbor 401(k) plan sponsor who has filed for chapter 11 bankruptcy. The safe harbor employed by the plan is a 3% of comp non-elective contribution. The employer is unable to make the safe harbor contribution for 2001 (and presumably 2002). The safe harbor notice was provided to each participant to the best of my knowledge. All salary deferrals have been deposited.

It seems to me the company is required to make the contribution, but, not being familiar with bankruptcy law etc., what would the ramificiations be if the contribution was not made?

Any thoughts on this matter are greatly appreciated!

I have also posted this on the DB thread, but thought I would also post this on this thread.

What are the cites for not including severance payments in a former employee's compensation for purposes of determining benefits in a DB plan? I understand that severance is paid to a former employee, etc., but is there an IRS cite or other authority?

Along the same line, Labor Reg. 2530.200b-2 provides that an employee is credited with an hour of service for each hour in which the employee is entitled to payment on account of a period of time during which no duties are performed (irrespective of whether the employee has terminated employment), then provides a laundry list of instances. Because severance pay is not listed, I take that to mean an employee may not be credited with service for hours associated with severance pay?