We recently received a QDRO for a participant in a profit sharing plan. Over the years, the participant received forfeitures that we re-allocated within the years of marriage. Would the alternate payee be entitled to a part of the forfeiture money as well? I have included them in a seperate account for the alternate payee but the trustee recently questioned whether they should receive it. Any help is very much appreciated!

I was under the impression that the IRS was supposed to have come out with a new Form 5310 earlier this year, but the old form is still on their website. Are you supposed to still use the old form at this point? Is a new 5310 supposed to be released soon? Thanks.

BTH

An employee has resided in the US for 2 years and will continue to work here for an additional 3 - 5 years. She is wondering whether or not she should participate in a 401(k) plan. What would be the consequences to her when she returns to Brazil. What would be her options with regards to the balance in the plan?

My company recently implemented a new Supplemental life benefit on a pre-tax basis. However, we have an old Supp Life plan that a few active employees are grandfathered under that still deducts premiums on a after-tax basis - Are there any compliance/regulation issues if we switch these people to pre-tax?

Received an executed QDRO for a defined benefit plan. QDRO is a mess - language used throughout QDRO applies to dc plans rather than db plans. However, included in this QDRO is a new trick I've not seen before. Paragraph states " if the Alternate Payee does not receive his retirement benefits in full as and when provided for herein, Participant is ordered and directed to make payments out of her assets equal in all respects to award of assets which were to be paid to Alt Payee herein."

In your opinion, would you construe this is as the QDRO is providing a type or form of benefit, or any option, which is not otherwise provided to participants with respect to the plan?

(Plan intends to reject QDRO for various reasons, just wondering how to address above paragraph in list of reasons we're rejecting....)

We have provided 4 types of welfare benefits (medical, dental life, LTD) since 1992 and have always had over 100 participants. We discovered that we never filed Form 5500s for them.

We are filing under DFVC and are currently drafting a wrap around document to consolidate the welfare benefits into one plan.

Question: Can we file a single consolidated Form 5500 back to 1992? We'd like to avoid additional late filings (and DFVC fees).

I realize that we can definitely file a single Form 5500 going forward, but can we do it retroactively? I've heard that ERISA allows you to make corrections retroactively and, therefore, because we now have a single plan document, there is some argument to say that we can file a consolidated Form 5500 back to 1992. Also, for whatever its worth, the wrap document will include language to the effect of, "this document is intended to be effective from 1992 forward."

Thanks for your help!

controlled group situation. two companies. can employees transfer between companies and take their balances with them? or a termination needs to occur?

My client sent in Form 5330 without the excise tax attached. Does anyone know how to correct?

John began 72(t) distributions at age 56, now age 58, he is divorced and 1/2 of his IRA rollover will go to his spouse. What are the rules about changing substantially equal payments now that his value is 1/2 what it was when he began?

When you and your spouse contribute to a Roth, is there any tax forms that must reflect the contributions, such as on 1040 or 8606? Also, provided that income limits are satifactory, what is the maximum amount a husband and wife can contribute to a Roth, if both are 57 years old?

At what point can I take my initial deposits out. Is it immediate or is there a waiting period

http://www.benefitslink.com/cgi-bin/qa.cgi...d=184&mode=read

How many of you agree with the interpretation of the multiple employer plan rules given in the thread above (allocations are not what count, separate trusts are what count)?

How many of you would disagree and would be one of the "many practitioners read that to say" (allocations are what count, not separate trusts)?

How are people implementing catch-up contributions?

Our plan provides a limit of 10% of compensation for HCEs and 15% of compensation for non-HCEs. Our plan administrator advises that most are simply raising their limits and once the participant reaches the 402(g) limit they are converted to catch-up. However, it seems to be that this would create nondicrimination testing problems. I wanted to set up a separate catch-up contribution election (e.g. 0-20%) for those 50 and over who had already hit the 10% or 15% limits mentioned above. Any comments or other methods?

Hello - Hope someone can help. Can someone please give me the direct link on the IRS site to the new Uniform Lifetime Table? I heard that the lifetime expectancy has been increased and would like to have a copy of the table. The IRS search engine is not very helpful. Thank you!

There is a 401(k) plan that has clearly had a partial plan termination based on an over 50% reduction in the number of participants. The question I'm struggling with is to what extent are current, active employees "affected participants" for purposes of full vesting? Specifically, are currently employed participants hired subsequent to the substantial reduction "affected participants" for purposes of the full vesting? My hunch from what I've read is yes, but I'm not sure.

Any thoughts? Thanks.

The plan received a DRO that names the former spouse as the "alternate payee" but indicates that the money is for child support and further states that the participant will be responsible for the federal income taxes on the money.

It is my opinion that whoever is named as "alternate payee" will determine who is responsible for the federal income tax regardless of what the QDRO may state. I use for my rationale IRC §402(e)(1)(A) and Clawson v. Commissioner.

It is my opinion that if the retirement plan money is to be used for child support and the participant is to be responsible for the taxes, then, the child(ren) would need to be named as the "alternate payee."

I am receiving strong push-back on my position. I am looking for input from others who may have had a similar experiencve. I am continuing my own research but would appreciate any direction that anyone could provide.

I am administering a PEO/Multiple Employer Plan. Several of the adopters have failed the ADP/ACP Test requiring refunds (after 3/15). The PEO suggested to me that they pay the excise tax rather than bothering their client (the actual employer). I'm thinking this is ok - what do you think?

Thanks!

Here's a bizarre question. You've got (had) a Profit Sharing plan. Plan terminated 10 years ago, all assets distributed, business no longer exists, Trustee has died. Don't ask me how this happened, but there was a small investment of the plan which somehow got lost. Evidently was not properly registered to the Trust, which is why no one ever knew about it.

I don't know any more details than this - it was a phone call from an accountant. Any suggestions about what to do with this money? How to handle the situation? Is this going to revert to the state, etc.? Thanks!

A non-ERISA 403(B) plan sponsor forgot to remit EE deferrals for past few months of current plan year. What are the repercussions? What will they need to do to clean it up? :confused:

Can a ppt use his 401(a) ER vested funds to purchase state or local DB service credits? Going one step further, can the ppt use his 401(a) ER vested funds to purchase from ER's DB plan?