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    After-Tax Contributions in a 401(k)

    Guest Denise S. Prince
    By Guest Denise S. Prince,

    Are after-tax contributions to a 401(k) plan subject to 402(g) limitations? Can someone provide me with a reference because I can't seem to find a specific notation?

    Thanks!


    Former participant requests SPD and 5500

    Guest jms370
    By Guest jms370,

    Does a former plan participant have the same right to view the SPD and 5500 as a current participant? This person has taken a total distribution and is out of the plan.


    Making Payment to terminated vested 457(f) paticipants

    Guest bsnipes
    By Guest bsnipes,

    HELP!!!!!!!!!

    I have a situation whereI need to coordinate payout of vested 457(f) funds to a terminated participant.

    What I need to know is... who pays the plan Trustee or the employer?

    Basically, is it up to the employer's desgression or must it be one way or the other?

    Need an answer yesterday :)


    1/2 self employment tax calculations

    Guest smhjr
    By Guest smhjr,

    I am looking for the formula to calculate half self employment tax for a sole prop by hand. I haven't had any luck on the web as of yet. The only thing I have found was some hand scribbled notes that showed the following:

    Net Schedule C income = 152397.00

    76200*.0765=5829.30

    76197*.0145=1104.86

    5829.30+1104.86=6934.16=1/2 SE

    I am hoping some one could verify its correct before I used it. I assume the 76200 is used because its the taxable wage base for 2000, it is just coincidental that it is nearly half of the total net schedule C and not some sort of 1/2 calculation. So if the above example was 65000.00 of net Schedule C, the calculation would of been 65000*.0765=4972.50


    Fiduciary Duty and Valuation of Stock in a Closely-Held Company

    Guest Edward McElroy
    By Guest Edward McElroy,

    I have a client that maintains three separate holding companies. Each holding company operates a single business. Each separate business maintains a qualified plan. Each qualified plan holds stock in each of the three holding companies. The fiduciary is an individual shareholder in each of the three holding companies. A U.S. government agency is requiring the three holding companies to merge into a single holding company. An independent appraisal will be conducted, after which the new holding company stock will be exchanged for the current holding companies' stock.

    The fiduciary will be asked to vote on the merger of the current holding companies into the surviving holding company.

    While this sounds terribly confusing, I wanted to know if there were PT issues. I have already spoken to the DOL (Exemptions) and National IRS and they informally indicated that so long as an independent valuation was performed, the fiduciary could vote for the merger.

    Any thoughts? Thanks. Ed


    SIMPLE IRAs - eligible employees

    Guest JPCMPLS
    By Guest JPCMPLS,

    Can a controlled group of employers adopt a SIMPLE IRA plan solely for its union employees? The model IRS form allows exclusion of union but not non-union. any thoughts?


    Work Clothes

    Guest Trent
    By Guest Trent,

    Are there any specific laws on whether an employer can deduct employee's work clothes (professional business attire specifically relating to the job)? I have found rules from the employees perspective, but not vice versa. If so, how would this apply to a non-proft organization?


    403(b) RFPs

    Guest tracyzimmer
    By Guest tracyzimmer,

    I am new to the retirement plan market. Is there any online resources like serch401k.com only for 403(B) plans?? It would be nice to be able to put together an RFP and see which companies would be the best fit without having to call 30 different providers.

    Any help would be appreciated.


    401k spousal consent to distribution

    Guest mariaguzzetta
    By Guest mariaguzzetta,

    Am I correct in assuming that with the new regs a 401k profit sharing plan that previously had a joint and survivor annuity clause, can now amend the plan to provide only for a lump sum distribution thereby making it possible to avoid the need to have spousal consent for a distribution? The plan does require that the spouse must be the beneficiary in case of death unless the spouse waives that beneficiary right.


    Offshore Investments for Retirement & Savings Plans

    Guest Ann Clinton
    By Guest Ann Clinton,

    We have Non-US citizens enrolled in non-qualified savings & retirement plans that hold investments in funds that are domiciled offshore. The investments are not registered by the SEC in the US, nor by the Canadian counter-part to the SEC.

    Our current problem: When we transfer these Non-US citizens to the US for a short year or two they come with exisiting balances in these savings & retirement plans. Our offshore administrator, will not allow the employees to move or change their investment mix on these prior balances, nor will distribute any fund information to them while they are in the US or Canada.

    Any ideas of what other companies are doing would be helpful.

    Ann


    Changing distribution election due to check not being cashed

    Guest bmurphy
    By Guest bmurphy,

    Participant was paid out of termed plan in '01, elected rollover to new employer plan. We have recently discovered that check was never cashed. Contacted participant, he no longer works for employer & would like check issued differently (cash or IRA rollover). 1099-R was issued for 2001 with code H. Re-issuance of check will change distribution code - how is the change in tax status reported, does a corrected 1099-R get issued?


    In-Service Withdrawal in Self-Employed Pension Plan

    Guest SueJ
    By Guest SueJ,

    I have a participant in a Self-Employed Pension Plan that wants to take an in-service withdrawal. The Plan Document does not address in-service withdrawals. The participant says it has been done in the past and the distribution is not subject to the mandatory 20% withholding. Based on IRS Publication 560, I believe we can make the distribution, but must withhold the 20%.

    Is this correct?


    Change in Family Status

    Guest Darla K
    By Guest Darla K,

    If an employee gets divorced and their medical insurance changes.

    Can they add a flexible spending account in mid-year due to the change in family status?


    My first Roth

    Guest jido
    By Guest jido,

    We would like to put some money in a ROTH - where do we go? Our experience with brokers has not been pleasant, we prefer NOT to use a broker.


    403b Plan - Incorrect vesting calculation - suggestions?

    Guest JMichael
    By Guest JMichael,

    I was laid off last July by my employer who had us in a 403b plan. I started Feb 1998, so I was not vested until I had completed over 1000 hours in 1999, thus 20%. Plan years were Jan 1- Dec 31.

    So at the end of 2000 I was 40%, and should have been 60% because my effective termination date was July 13. (I got the news July 6) Since I was on straight salary, my math calculates 1,120 hours of service, but the disbursement people told me that the employer reported only 992 hours. We submitted time sheets monthly, so I had all the way through June 30 at the very least which should be 1,040 hours.

    Does this seem like an obvious dodge to try and cheat me out of 20%? I've called them but they haven't done anything or provide me with the records to back up their claim. Their Plan handbook specifically states that all time for which I was paid is credited as service time including vacations, holidays, etc... Their plan Administrator gave me some line about 'taking actual working time since I was so close to 1,000', but that seems in contradiction to the handbook. Whether I use June 30, July 6, July 13, or July 31 (I was actually paid through the end of July.), I'm still over 1000. True?

    I've read the statutes here, but don't see anything focusing on rules about what MUST constitute service for purposes of the 1,000 hour mark.

    Any suggestions on what to do next?

    Thanks in advance,

    J. Michael.


    deductibility of contribution to underfunded db plan termination

    Guest joe22
    By Guest joe22,

    This cash balance plan terminated in 1999, and is in the IRS national office pending tech advice. The plan is underfunded and the employer is making up the shortfall via contributions. The company is dissolving and has decided to fund the plan in 2002 and distribute the benefits.

    We have 2 questions:

    1. Is this contribution fully deductible in 2002 as a result of EGTRRA changes?

    2. If not, since there will not be 10 years going forward, is the balance fully deductible the last year the company exists.

    If anyone has any thoughts please advise.


    Timing of Deposit of 401(k) Salary Deferrals

    Guest ubpMR
    By Guest ubpMR,

    I read something resently that was contrary to what I have been instructing my 401(k) clients regarding the depositing of employee salary deferrals. I thought the DOL's instruction was that salary deferrals were to be deposited into participants accounts "as soon as administratively feasable" but no later than the 15th business following the month that they were deducted.

    However, I read in the March 4, 2002 issue of RIA's Pension & Benfits Week that the DOL is cracking down on small plans and they want the money in by 7 days after the payroll date. Anyone hear about this? This seems like a significant administrative burden on clients.


    For defined benefit plans, what is a typical pay credit percentage per

    Guest SBritten
    By Guest SBritten,

    all text


    Roth Ira

    Guest machIcj
    By Guest machIcj,

    Can I start contributing to my 2003 Roth ira now or do I have to wait til Jan. 1, 2003? Thanks


    help

    Guest oleg
    By Guest oleg,

    Dear friend

    I ask you to read this letter till the end! Don't treat to my words with

    indifferens. On Your understanding it will depend my fate and the fate of

    my

    child!

    I am Byalik Oleg , date of birth 1964 , pssport No 313690364 ,

    repatriated

    to Israel in March 1999 with my family from Ukraine(Kiev).

    The beginning of the absorption wasn't simple. It must rise from zero.

    However on 28 of September 2000 my wife Byalik Alla passport 313690372 ,

    left me with with child and went to other man in Kiev.

    Burdens of immigration , pecuniary difficulties forsed her to do this

    loathsome step.

    She robbed me with child , took money from personal savings , left us

    with

    our debts and went out Israel.

    I seven years have suffered from diabetes (diabetes mellitus type II) ,

    got

    per day three injection of insulin. After the endured stress I find

    myself

    in hospital with diagnosis : diabetic ketoacidosis (hiperlipidemia).

    With unerstanding that we can be thrown out the hired flat , being in

    state

    of depression , the child became reserved , stopped regulary to go to

    school

    , lost the perspective in the life. Since , he is now treated by

    psychologist.

    Now I am legalizing the divorce and disablement.

    In situation , I found myself , I was never. We have no relatives and

    friends in Israel.

    I shall struggle for our with child surviving till the last breth. But at

    present moment I am not imagining how I with my child can go out this

    financial bankruptcy.

    Therfore I apply to you , help me as you can.

    My data: Bank Leumi. Israel

    Branch 886

    Account : 51704494

    Haifa. Israel.

    Byalik Oleg

    All information can be gotten by the worker of the Department of

    absorption

    in Haifa who helps me , social worker:Ella Buhtnik

    tel.(972) 4-8625840

    With respect Byalik Oleg

    contact telefon 97258788899

    My adress : Ben-Yeuda 8/4 . Haifa . Israel


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