May a cash balance plan freeze accruals on an annual basis to provide participants with the ability to elect in or out based upon what the cash balance contribution requirements are? I understand that this is a common approach. If partners are in the cash balance plan, how does this avoid the cash balance plan being considered CODA? Any thoughts? Thanks. Ed

Can someone tell me if TAMRA 1988 is still in effect as it pertains to COBRA Compliance Program?

In a 401(k) plan in lieu of getting particiapnt to complete a Form W-4P, how does one withhold?

Only the minimum is being paid

It is my understanding that you must give the participant the choice to opt out

But if W-4P either not given or not returned, what do you do?

Thanks

Can a Canadian company who has a US office establish a retirement plan for the US employees in the US office? The US office employees are US citizens who receive US income and the US office is not a subsidiary of the Canadian company.

We are having problem with importing plans back on to our network. 2 of us work remotely and must import our plans back on to the network after they are complete. The first 2 problems we had were with census notes for a participant in plan ABC getting imported into plan spec notes for plan XYZ. Not a critical problem but annoying.

Now we have an incident were employer 123 was eliminated from the employer list and the plan for employer 123 was assigned to employer 789. Employer 789's employer information is now in the plan specs for plan 123. This is a big problem!! :eek:

Is anyone else having problems with corruption of data after importing plans?????? Please respond and also please let Relius Support know.

I know this plan import thing is tricky and we try to carefully review all the conflict messages we get when importing.

We are having problem with importing plans back on to our network. 2 of us work remotely and must import our plans back on to the network after they are complete. The first 2 problems we had were with census notes for a participant in plan ABC getting imported into plan spec notes for plan XYZ. Not a critical problem but annoying.

Now we have an incident were employer 123 was eliminated from the employer list and the plan for employer 123 was assigned to employer 789. Employer 789's employer information is now in the plan specs for plan 123. This is a big problem!! :eek:

Is anyone else having problems with corruption of data after importing plans?????? Please respond and also please let Relius Support know.

I know this plan import thing is tricky and we try to carefully review all the conflict messages we get when importing.

How do you handle a situation when an employer either withholds to much or not enough from an employees annual pay (for health or dependent care FSA) with respect to what the employee actually elected?

If the employer withheld to much from an employees pay, would you issue a 1099-R for the prior year or include it in the employees current year pay. What do you do if the employer did not withhold enough of their pay in the prior year?

Thanks,

Joe

It seems intuitive that you need to proivde a Notice to Interested Parties for a Form 6406 filing, and the forms asks if you have, but I cannot seem to find the reference for the requirement. Can someone help me out with a reference?

When doing a top-heavy test, to determine the officer limit, do you count employees that were employed at any time during the plan year, or only those that were employed on the determination date? For example:

Say there are 10 officers (with $130,000 in comp.) in a plan with a determination date of 12/31/01.

The employer has 50 active employees on 12/31/01.

The employer has 10 employees that terminated on 1/15/01.

Those 60 are the only employees employed at any time during 2001.

How many key employees are counted due to being officers, 5 or 6?

For this purpose, assume that all 60 worked the full year in 2000.

Also, change the above so that, after 10 employees terminate on 1/15/01, 10 new employees are hired 1/31/01. Then 10 more employees who worked in 2000 terminate employment on 2/28/01.

Would this increase the number of officers counted to 7 (since 70 employees worked at some time during the 2001 calendar year, even though the employer never had more than 60 employees at any one time)?

Participant elected a direct rollover of his entire account, which included employer securities (publicly traded). The plan transferred the cash and stock directly to his designated IRA. The IRA accepted the cash but refused the stock and mailed the certificates back to the employer.

Total account balance exceeded $5000. Stock that was returned is less than $5000.

What can the employer do to fully distribute this account?

Thanks.

For a sole proprietor who wants to discontinue his Keogh Plan and start a 401(k) Plan, are there any restrictions to rolling the Keogh IRA assets into the 401(k) plan once it is established?

Specifically, does the Keogh have to be officially terminated? Or can the 401(k) plan be set up and then once established, simply complete an IRA rollover into the plan?

Thanks.

Ok, it's not as exciting as waiting for the 2003 car models, but the new 2001 forms are now available at www.dol.gov/dol/pwba

Click on Forms/Documents then Annual Form 5500 Series.

Can a 52 year old owner who is only allowed to put in 7% due to testing still put in an extra $1,000 with the catch up provision? I would have to say yes, but would like some confirmation! Thanks!

An ESOP is invested in employer securities which although traded on the OTCBB are not considered "readily tradable on an established securites market". The stock is currently valued by an independent appraiser as of 1/1 and this value has been used for the purchase price on the put obligation (distribution dates are not tied to the valuation date) and all other transaction pursuant to IRC 401(a)(28). Apparently, there is an accounting issue in using the 1/1 appraised value because of the OTCBB trading activity. Has anyone encountered this issue before? Will an appraiser approve a valuation bring-down based on a formula incorporating trading activity?

Is a Form 5500 required for 457 plans?

Basic question I know, but I'm not familar with govt. plans at all and I can't find any specific guidance. :confused:

Hey,

I've always been interested in investing, and i have been investing for a while.

Where do i start a Roth IRA?

Please email me with a response or post it here.

I've read that starting a Roth very early, at my age, can lead to a millionaire....

Brett

Under Code section 409(e), voting rights must be passed thru to participants with respect to a sale of "substantially all assets of a trade or business". What constitutes "substantially all"? Is it 85% of the assets? What if corporation has four divisions; each division makes up 25% of corporation's assets. Corporation sells entire business of one division. Is this the sale of "substantially all of the assets of a trade or business" of the corporation?

If a plan were disqualified. That is all plan assets were to be distributed, no further contributions could be made; I assume all participants are fully vested but what happens to plan assets.

Are they distributed directly to the participants or are they rolled over into IRAs?

If they are distributed to participants is their a time period where they must either roll over or pay tax.

Are they allowed to roll over.

I'm getting involved with a take-over 401(k) Plan. One thing bothering me, which I've never seen, is the following match:

25% on the first 3%

50% on the next 3%

The prototype we use says the matching percentage must decrease as the % of comp increases.

Can't find any regs which make the above formula "illegal", though I bet it makes passing ACP more difficult.

Anyone?

Chip Brown

For all those who have asked, the Governmental Plans Answer Book is here at last! In deference to this board's policy against commercial messages, I'll avoid further description (wouldn't do to have my own post reported to me as moderator! ), but given all the questions I've gotten, I thought I'd respond in one central location.