Employer is considering setting up a 401k. Plan will be employee only contributions. They want to take a survey of employees to determine potential participation level. Does anyone have a sample form that can be used for this survey? Employer is not willing to consider automatic eenrollment option. Still insists on doing survey of employees. Need help with form, if possible.

We administer a governmental defined benefit plan that does not contain any QDRO language. We received a final judgement of dissolution that awards a wife of a plan participant that has not reached early or normal retirement age, but is vested in the plan. The judgement simply states the wife is given "one-half of the husband's retirement from the date of acquiring said retirement until the date of filing the Petition." When does the wife begin collecting the benefit? Do we require a QDRO & who prepares it? How do we calculate the 50%?

Please see http://www.treas.gov/press/releases/po2002.htm. The Treasuray issued new Regs that killed the concept of the hedging accounting for deferred compensation plans. As many of you know, the accounting firms where pushing this concept.

A union welfare fund is charging COBRA beneficiaries a composite rate. The composite rate has not changed since June 1, 1999.

Does anyone see problems here? I don't know if the plan is self insured but I believe individual and family rate tiers should be standard in any event. Also, for the rate not to have changed in 3 years given the 102% rule is virtually impossible. What do you think is going on here and what recourse does the individual on COBRA have?

Thanks

I am interested in obtaining information from our associates regarding their impressions of healthcare benefits, i.e preferences, satisfaction with existing plans, willingness or desire for plan changes, etc.

Would anyone be willing and able to share a template or list of questions which you might have used when conducting such a survey? OR can you direct me to any literature that would assist me in this effort? Thanks!

If a government employer maintains a qualified defined contribution plan, a 457 plan and a 403(B) plan is there a connection among the three as to the amount that can be contributed to each plan? In particular, we are concerned about whether contributions to the qualified DC plan will cause the amount which can be contributed on a tax favorable basis to the 457 or 403(B) to be decreased, or vice versa. Are the respective contribution limits interrelated or are they all independent of each other?

Have an individual whose husband recently died. She converted his IRA to hers. She is under 59 1/2 and he was early 60's. No distributions taken until recently after she converted, she took some funds out. All assets are now in her IRA. Problem is, she has two stepdauthers (His from a previous marriage) that she wanted to give $50k each to by using a disclaimer (She found out about this after converting the assets to her IRA). Her question,

is there any way she can put assets back into his IRA and let the stepdaughters have it by using the disclaimer. In effect, reversing the IRA conversion in her name for a portion of the assets to go to the stepdaughters, allowing the mom to avoid taxes and penalties if she were to gift the assets to them. Can anyone shed light on this or provide any resources on where I can find a definitive answer? My understanding is the IRA she has now is irreversible, she is stuck with the assets in her name and can't move them back in the decedant's account. Any help anyone can provide would be greatly appreciated.

Randy Braidfoot

Could a TPA receiving a check on behalf of a retirement plan participant from a custodian or trustee deposit it in the TPA's account, with the TPA then handling the payment process and actually writing a check to the participant? What about the TPA being given checkwriting authority by a trustee over a trust account?

Has anyone ever heard of a TPA receiving a check on behalf of a retirement plan participant from a custodian or trustee for deposit in the TPA's account, with the TPA then handling the payment process and actually writing a check to the participant?

Under the mid-year election change rules, could coverage that a self-employed spouse obtains (e.g., through an individual policy) constitute "coverage under another employer plan"? See 1.125-4(f)(4).

If there is a change in Plan Year for a safe harbor 401(k) plan, does the plan automatically have to do ADP/ACP testing for the short plan year created, and then automatically resume non having to do ADP/ACP testing for the next full 12 month plan year?

Is the plan automatically exempt from the safe harbor notice and contribuiton requriements for the short plan year created by the plan year change?

I have a calendar 401(k) plan with 6 months of eligibility, quarterly entry dates. This client's industry is such that employees are constantly coming & going. If an employee works for 2 months, leaves and returns 2 months later, do I have to count the original two months? I was under the impression that the employee "starts over" since they never became a participant. If you look at a calendar year, let's say an employee works Feb, Mar and April, leaves, then returns Oct, Nov & Dec. Do they enter January 1st or can I wait until April 1st (provided they remain employed)? The document is using the elapsed time" method. Any input is appreciated.

An employee works a year of service (12 months/1000 hrs) and becomes a participant on January 1, 2001. The new participant defers in the company's 401(k) plan for 2001, but only worked 500 hours. In 2002, the participant will only work 500 hours. Is the participant still eligible to participate in the 401(k) plan??

Given all of the different discrimination testing which applies to the different types of benefit plans, what are the possibilities where a personal service corp has 4 e/ee's -- 3 of which are HCE's and 1 who is NHCE????

Thanks for your help.

I have an Union 401K Plan in which only union members are eligible to participate... There are two union members who earned in the prior plan year (12/31/2000) salaries in excess of $85,000.00.

Would these two participants be considered Highly Compensated Employees even though they are part of a union??????

Given the expanded rollover rules in EGTRRA, can an individual who turned 70 1/2 in 2001, is still employed, and is not a 5% owner roll amounts from his traditional (non-conduit) IRA into his employer plan to avoid any future MRDs (other than the one for 2001) until he actually retires. This assumes that the plan in question will adopt a good faith EGTRRA amendment to accept transfers from non-conduit IRAs.

Somebody told me that AIG used to provide this product, but will no longer provide it. Does anyone else?

I have an employee who owns 4.22% of the stock in the company. Another 3.46% of the stock is in trust for him. Is he an HCE for ADP testing purposes? If stock is held in a trust, does it count for ADP testing purposes? This company (a family-owned business) changed its ownership percentages last year and put most of the stock in separate trusts.

We are in the process of designating a Privacy Officer for HIPAA

What have others been doing?; i.e. who in your firm is the "designee"? We have

come to the conclusion that we may need to create a new position for this

We are an employer who sponsors a health plan; we are not a healthcare entity

Would anyone have a good job description for a Privacy Officer

Thanks

I have a client who participates in a 403(B) plan. He also has a sole prop business and would like to know if he can have a SEP based on his sole prop business?? Thanks.