With $3011 income in 2001 for one spouse, can the maximum ($2000@) that can be funded to both spouses IRAs.?

I've been reading EBIA's Cafeteria Plans manual. In the Participant Elections section, the manual makes reference to the IRS "tag-along rule" which would seemingly allow an employee to enroll eligible but previously unenrolled preexisting dependents in a cafeteria plan when there are certain qualifying status changes. This seems to be a direct contrast to HIPAA's Special Enrollment Rule, which would not allow you to enroll eligible but previously unenrolled preexisting dependents. So, which rule governs in the SPD and administration of the plan?

Can a terminated participant who rolls over their 401(k) account to their new company 401(k) Plan carry his loan balance with it-continuing to pay as if nothing changed? Thanks for the insight.

Can you reimburse a Long Term Care Insurance Premium under the Flexible Spending Account?

The IRS has suspended the requirement to file Schedule F.

http://www.irs.gov/pub/irs-news/ir-02-43.pdf

Merged acquired plan on 7/1 and need to know for ADP test do we have to use compensation for full year and 401k contributuion only from time of merge?? - This really hurts our test...

I wanted to type these internal HCE status specifications out below as a non-question but in the form of a query.

Clarification, suggestions - willing to share info, regards to how other admins handle HCE status versus _determination_.

regards,

Bill

:

The Report will print ‘Reason for Highly Compensated’ based on the following having been processed in a previous elig transaction.

If{PLANEE.HCE5PCTOWNERCD}="Y" then "5% Owner" else

if {PLANEE.HCEPRIORYRCD}="1" then "5% Owner in prior plan year" else

if {PLANEE.HCEPRIORYRCD}="5" then "Compensation > Limit and In Top Paid Group" else

if {PLANEE.HCEPRIORYRCD}="6" then "Compensation > Limit and In Top Paid Group" else

if {PLANEE.HCEPRIORYRCD}="7" then "Compensation > Limit" else

if {PLANEE.HCEPRIORYRCD}="8" then "Compensation > Limit"

Descriptions for the drop-box for prior year in status and service screen, tab for HCE status:

Na

Not highly compensated

5% owner

hce & comp < limit

;this is where it gets fuzzy

hce & comp > limit & TPG

nhce & comp > limit & TPG

hce & comp > limit & NOT TPG

nhce & comp > limit & NOT TPG

HCE IMPORT FIELD is for CURRENT year, yes or no

· Highly Compensated Employee

· Not Highly Compensated Employee

Plan allows for loans, only one outstanding at a time. In reading Treas reg 1.72(p)-1 it appears to state that if two or more loans are made during the year, the next loan taken would result in a deemed distribution. Is anyone aware of a waiting period between requesting loans? Participant took out loan last month & now wants to refinance. They are within the 2 loan limit but wasn't sure if they needed to wait any length of time.

Must my physical address appear within my Summary Plan Description or will a P.O. Box suffice?

We are having a situation (or should I say difference of opinion) with certain CPA's with whom we work to determine pension contribution for our clients. We have for instance a Profit Sharing Plan with a $25,500 contribution that would be required to maximize the sole owner of a S-Corp. We provide this figure to the client in February as our recommendation for the current year. He funds the Plan by March 15. Now the CPA takes a deduction for $25,500 on the S-Corp return forcing the client to a net loss for the year, since there weren't sufficient profits to support a $25,500 deduction. I was under the impression you could not deduct in excess of the S-Corporation Profit. Is this true? I can't get any CPA to commit to an answer one way or the other. Now the CPA is unhappy because he believes we should be asking for the estimated S-Corp profit BEFORE determining any pension contributions. We believe that his job to decide what to deduct/not deduct, not ours. Has ANYONE come across this issue. Do you ask for S-Corp income before providing a contribution report for your clients?

The Job Creation and Worker Assistance Act of 2002 allows for employers to keep the old 415 limits (pre-EGTRRA) to avoid the "pop-up" of accrued benefits if amended by June 30, 2002.

My questions are as follows:

1) Pop-up occurs not only due to increase in 415 limit but also due to retroactive increase in 401(a)(17) salary limitations to $200,000. Can an employer keep the "old law" pre 2002 salary limits in place? Some sources describing JCWAA as recognizing combined effect of salary and benefit limitation increases, but when I read JCWAA, only really recognizes 415. Am I reading this wrong?

2) What would form of amendment look like? Has IRS issued any model language to date?

3) If this does allow you to keep the old compensation limits (which obviously provide for additional pop up consequences), would you stick with prior $170k limit in projecting compensation limits for future years (i.e. 2002 and beyond for projected benefits), or would you recognize 200,000 limit in 2002 and future years.

Thanks for any help.

I have a standardized calendar year profit sharing plan. I am interested in amending my plan to a Cross Tested formula. If I adopt the amendment May 1, 2002, can I pro-rate the standardized portion of the contribution based on comp earned through April 30 and allocate the cross tested formula on comp from 5/1?? Thanks.

I have a cafeteria plan terminating. Is there a law that states that the employee's have 15 days after a written notification of plan termination to submit reciepts, even if the date of service is after the plan termination date? There's nothing in the plan document that says this.

I know this is the case for a pension plan but....

Thanks

Plan X is a 401(k) plan covering the employees of a large employer and many of its controlled group members. Plan X provides that forfeitures are used to reduce the amount of the employer's matching contributions. A routine internal audit discovers that forfeited matching contributions have been paid out of the plan to the contributing employer. What relief is available under the IRS correction programs?

Are ADP testing failures under a SARSEP plan treated differently than a traditional 401(k) ADP test failure?

What correction methods are available to a defined benefit pension plan that has failed to properly credit prior (union) service with the employer, resulting in some employees leaving employment without a vested benefit (the plan has a five year cliff vesting schedule) despite the fact that if their service had been properly credited in accordance with the terms of the Plan and with ERISA, then they should have had a vested benefit? How far back do we have to correct?

We have the Relius Internet Daily Valuation Module. In an effort to increase security on our network, we would like to move the Web server to a DMZ port on our firewall. The problem we've been having is that when we have attempted to do so, the port through which the Web server communicates to the Oracle server is constantly be reassigned rather than defaulting only to port 1521.

Relius Tech supports knows other customers have had this problem, but cannot tell us how it has been solved. Who out there has solved this specific problem or has implemented an alternative solution to security? I'm happy to pay consulting fees to your firm or your outside network consultant.

You can reply on the bulletin board, email me at fredp@RetirementAssets.com or call me at 800-757-2963.

Thanks.

First date of new company existence is 7/1/00.

Effective date of 401(k) plan is 1/1/02.

To determine HCEs for calendar year 2002 plan year, would the dollar amount be prorated since the employees only had the possibility of 6 months of compensation, or would the determination be made using the full dollar limit?

The IRS just released Notice 2002-24, which indefinitely suspended the requirement for taxpayers to file Schedule F for Fringe Benefit Plans. Is Form 5500 still required?

OK, this one was just different enough that I thought I'd throw it out there for comment, if anyone is interested. For the record, I searched the Boards and other areas and couldn't find anything quite equivalent.

Our employee was pregnant at open enrollment and elected a generous amount in her Health Care Spending Account to cover her medical expenses associated with the birth of her child. She recently miscarried and wants to know if this qualifies as a reason to change the election amount, as she will no longer incur the expenses she had planned on.

My opinion is that this change in her medical condition, unfortunate though it may be, does not fit within any of the regulations' exceptions. Thoughts?