The Multiemployer Plan that I work for is looking at enforcing a provision in the Trust Agreement that charges contributing employers a fee for failure to comply with information requests. The Trust Agreement is incorporated by reference in the CBA. My question is: Would such a provision be enforced as a 301 Taft-Hartley action for breach of a collective bargaining agreement, or could it be enforce under ERISA section 502 (a)(3) as equitable relief to enforce a plan term? I would really appreciate any input. Thanks in advance for your help.

Working on 401(k) cross tested plan. Employer makes QNEC to satisfy ADP. QNEC in excess of amount needed to pass ADP. My understanding is that any QNEC used to pass ADP cannot be used in rate group testing. What about a QNEC not used to satisfy ADP? Can that be used in the rate group testing. First time dealing with QNEC. This is not a safe harbor plan. Would appreciate any comments. Thanks.

Anything wrong with a sole proprietor with one employee doing the following:

In 2002, Safe Harbor Match at 100% first 4. Sole Prop. puts in $11,000 and employee puts in $0.00. Sole Prop. gets the $8,0 00 Safe Harbor match(NEI over 200K). Meanwhile, the employee so far Still gets $0. Anything wrong with this? Under EGTRRA if I read it correctly, this is OK? I assume a P/S contribution can also go in.

Have a few clients which have comingled MP/PS assets. One I'm merging has no NHCEs. I'm toying with the idea of drafting currently dated minutes stating the MP and PS were merged, effective retroactively to 12/31/01.

Just trying to get a final 5500 in 2001, otherwise 2002 is fine as well. We don't want to back-date anything.

Any thoughts?

Chip Brown

What prevents the sponsor of an overfunded DB plan from terminating a plan, taking a partial reversion, transferring a portion of the surplus to a qualified replacement plan, paying the reduced excise tax, and then re-establishing a DB plan covering the same people and providing comparable benefits?

There must be something preventing this (other than a permanency issue), perhaps the exclusive benefit rule. Is that it, or is there something else?

What is the purpose of having a 401(k) Plan under a Cafeteria Plan umbrella (or, can this be done?)?

Company gives ESOP participants right to elect to receive dividends on ESOP shares in cash, or to reinvest dividends in the plan. Those who elect cash will be paid quarterly, and TPA will charge a $5.00 fee (per participant) for each check. There are over 300 participants. Any reason why the Company could not require each participant who elects to receive cash to pay the fee (deducted from the amount of the dividend, from account balance, or otherwise)?

AMB

Under the new SPD requirements for health SPDs there are content and disclosure requrements that must be in place 01-01-03 - would these requirements apply to all employer sponsored medical plans - we have 2 self-funed medical plans and 26 fully insured HMO plans.

Does a distribution to an ex-spouse have to be made at the direction of a Qualified Domestic Relations Order, or can a distribution be made to an ex-spouse based on a Final Judgment of Dissolution of Marriage/Marital Settlement Agreement?

Just because an employer signs a certification to extend the GUST remedial period, are they obligated to use the document specified or can they use it to adopt another document? Any IRS notices, announcements or rev proc's to back up? Thanks.

Just because an employer signs a certification to extend the GUST remedial period, are they obligated to use the document specified or can they use it to adopt another document? Any IRS notices, announcements or rev proc's to back up? Thanks.

If you are conducting a enrollment meeting and / or education meeting for 401(k) plan, Do you have to bea series 6 or series 7 license? Some of my co - workers say no because we are protected, since we work for a bank. However, all my research and reading say that we should be.

:confused: &:mad:

Can I convert a nondeductible IRA to a ROTH IRA without also converting other 401k rollover IRA's to a ROTH IRA??

Will basis be just balance of nondeductible IRA's?

I believe this is an area which lacks IRS guidance. How does a plan sponsor apply the prior year testing method for the ACP if the plan has a discretionary match provision and in the prior year no match was contributed (assuming the testing year is not the first plan year)?

From what I've researched, it appears the HCEs would be unable to receive a matching contribution for the year being tested.

Any comments?

Could anyone point me to a website which would have a draft RFP to offer? We are interested in bidding out our Health TPA services and would like to begin with a skeleton RFP to customize, so we are not re-creating the wheel.

Thanks,

Kerry

kerryb@waushosp.org

Our 401(k) plan has a maximum deferral % of 15%.

We have several employees who have deferred more than 15% of pay for 2001.

What suggestions do you have for this?

Thanks

Are any of the new IRS rules for plan loans which are effective 1/1/02 required to be added to plan documents?

Trust as beneficiary or is it the Trustee

I submitted a customized beneficiary designation ( for my IRA) to a Bank. The form designated the Trustee of the Shelton …. Family Trust as the beneficiary.

The Bank is stating that the wording above means that it is the individual who is the trustee that is the beneficiary and not the Trust. Is this true? I have no experience with Trusts.

Thanks

Shelton

With the new HIPAA rules coming into play soon on protected health information, I have run across an interesting question:

Is the particpant health and claims information which is held by the insurance companies, claims admin, etc (i.e. "covered entities") a plan asset under ERISA? This information is very valuable and can be easily sold (and usually is).

Approximately five years ago my employer purchased a book of business from a party and hired approximately 25 people to service that book of business. The location of the servicing group was different from the original company (two branch offices.) We are employees of the same company, not a subsidary.

Our employer advised us that they decided that we would not be eligible for the ESOP because they were not sure of the viability of the new business activity. They continued to distribute shares to the other employees who were employed in the home office and not involved in this new business activity although some did provide some support, i.e. management, accounting ect.

It is my feeling that this is unfair discrminiation and there was no basis for excluding us from the program. We were told that the regulations were researched and it is permissable to exclude employees.

I am looking for specific information, regulations or citations about the basis on which the trustees can decide to exclude an employee or group of employees from participation.