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

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?

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?

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?

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.

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.

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.

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.

all text

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

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

Company A has employees participating in a 401K.

Company A was bought out by Company B, who has 401K program.

Can employees of Company B elect to rollover their 401K into their own IRA accounts, outside of Company B's program?

What would happen to an IRA if the custodian/provider went belly-up. As the funds are actually in stocks/mutuals, etc., and not the provider itself, would everything be lost? I'm considering opening a Roth w/ E-Trade and am concerned about its long-term existence. Thanks

My mother-in-law(MIL) passed away recently and we now have a Roth and a regular IRA that my wife and her sister have been named as beneficiaries. My wife currently has a Roth. Does the money from my MIL's Roth count towards the total contribution allowable for the year 2002 for my wife's Roth? Are we allowed to combine my MIL's Roth with my wifes? Would there be any advantage with keeping them separate? I was looking at taking my MIL's Roth as two separate distributions into my wife's Roth (one for 2001 and one for 2002) if my MIL's Roth counts towards my wifes contributions.

Thanks for your help.

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...