Can a non-profit organization that implements a 401k plan make a PS contribution or is it salary deferral only since they are non-profit?

Thanks.

When I retired 5 years ago with a qualified 457 plan, I did not give a date certain for initiating distributions. At that time, I was uncertain as to when I would be needing the money and once a date for distributions was set, it could not be changed. I consulted with the plan's representative at our workplace re my dilemma and he told me to simply avoid notifying the plan's administration of my retirement. According to him, many people handled it that way. He said that if I notified the plan's administrators, they were required to keep after me for a date certain. I took his advice and left my money in the investment option I had chosen without setting a distribution date.

About a month ago, I ran across an article on 457 plans that included mention of a concept called "constructive receipt". If I understood it correctly, it seemed to imply that by not giving a date certain 5 years ago, the govt. considers that I was in full receipt of my 457 plans assets (even tho I have not received any money from the plan) and therefore I may be liable for taxes

on the entire amount over this 5 year period. Is this so???

I transferred funds out of my company's 401(K) into a "self-directed" IRA and then converted the IRA into a ROTH ( and paid the subsequent taxes).

Can I now put additional funds into my ROTH , without having to transfer/convert more of 401(K) ?

Thanks for any assistance !

I am dealing with my first minimum distribution, and am trying to figure out what forms I need to provide the Participant. Is there a special notice or form I should use? Thanks

If my last contributions to a SEP were made in 2001, can I start a SIMPLE IRA in 2002? Do I have to do anything with the existing assets in the SEP, like a plan termination?

I assume that as a "self-employed" all my income from the business (even that not reported on a W-2) is treated the same whether in the SEP or SIMPLE. Am I correct?

We have a plan where the two Key EEs also participate in outside deferred compensation arrangements. This year, they've asked us to refund their entire employee contribution, as they've evidently contributed $10,500 into another 401(k) or 403(B) plan. This will require that we forfeit their entire match amount as well. Thus they will effectively have no contribution for 2001.

Does anyone think they could then get away with not funding their 3% minimum contribution? They are a top heavy plan. Generally, I would count an excess deferral as a contribution, but I see no specific reference to Top Heavy minimum determination.

Thanks.

Grant

It seems to be fairly common for a non-spouse beneficiary who has inherited an IRA to name his or her own beneficiary. I seem to recall that this was a gray area some time ago. Can anyone point me to a reg., notice or something that puts it in black and white?

Participant would like QDRO to allocate 50% of the balance of the outstanding loan to the Alternate Payee. P would also like the QDRO to be structured so that the payment of the amount due to the AP would be offset by the balance of the loan attributable to the AP. Plan document does provide for distribution in cash or in kind. Plan document also allows for immediate distribution to AP. Does anyone see any problems with this?

Please help me determine the RBD. Here are the facts:

1) A non-owner, terminated participant turned 70 1/2 in 2001.

2) This former participant took a total lump sum distribution of his account in 2000, therefore his balance at 12/31/2000 was zero.

3) During 2001, the former participant received an allocation of forfeitures and now has a balance at 12/31/2001.

Will his RBD be: (a) 4/1/2002, (B) 12/31/2002 or © 4/1/2003?

If the participant wants to distribute the total residual amount in his account now, do I need to calculate his minimum first?

Thanks,

Kurt

Can anyone confirm or let me know where to find the colas for California for the 402(g) limit, etc.? Has the cost of living adjustment been set for $11,000 in 2002, independent of EGTRRA? Thanks.

As I understand it, if separately testing otherwise excludable employees is used for ADP testing purposes, we must do the same for 401(a)(4) testing purposes. True?

If true, is it also true that you may not separately test otherwise excludables for 401(a)(4) if you do not test for ADP/ACP on the same basis?

What if the ADP/ACP testing is done by using prior year results, does this have any effect on your 401(a)(4) options?

I started a Roth IRA in 1999 with a Charles Schwab S&P 500 Mutual Fund. I contributed the full $2000 in 1999 and in 2000. In 2001 I had contributed an additional $800 making my total basis in the Roth IRA $4800.

In August of 2001, I liquidated the Mutual Fund. The total distribution was $4084 (A loss of $716). Can I claim the loss, and if so, How?

Any help you have is greatly appreciated.

I have a plan where the participant died and his son is the beneficiary. Has EGTRRA impacted the distribution options available?

He has the following available:

1) Lump sum

2) Payments over five years

3) Amortized payments over the beneficiaries life expectancy

Right?

My first thought would be no. The partnership would need to sponsor the SEP arrangement. Never dealt with it before, but seems logical that that would be the answer. Anyone see anything else??

Does HIPAA apply to Retiree Health Plans? That is, do we need to provide certificates of creditable coverage?

Under a fully insured plan, the insurer can allow coverage to the child of a legal guardian. When a Flexible Spending Account is present, how long will the plan allow for enrollment?

Does anybody know of a good website that I can get "examples" of the QE notification and new hire notification? I am feeling that ours need to be revised (I am new to the company and didn't bring my "old" examples with me).

Can a governmental entity establish a SIMPLE IRA?

We restated an individually-designed plan for GUST and submitted it to the IRS with Form 5300 and a fully completed Schedule Q. Today we received an inquiry from the agent handling the case, asking if we want a "GUST III letter". We know what a "GUST II" determination letter is, but what is a "GUST III" letter, and should we want it?

In general terms, for group medical insurance, when is an employee considered to be an "inactive employee"?

If an employee has been terminated but is still receiving vacation pay during a period following termination, is the employee "inactive"?