I have creditors calling about my credit. I want to put money in a ROTH IRA for my son, but I don't want creditors to be able to see what savings I have. Is there any way they can trace the money I have in my ROTH IRA?

I would like to know if anyone has ever run accross a good survey to distribute to a group of participants to determine their satisfaction with 401(k) plan, services, investments, etc. Trying to get eligible employees not currently participating, to participate.

In 1998, could an individual roll over a traditional IRA into a SEP? My research leans me towards no, but I'd like to be sure. Thanks.

After 2001, we must use the new Form 5310 to submit a terminating plan for a DL. However, that form does not appear to have been released yet. Has anyone received any advice about what we are supposed to do in the meantime, or as to when the new form will be released?

Does anyone do or know of a TPA who handles VEBA administration, ie. document service, 5500, etc?

Does the recent tax law change permit the rollover of after-tax 401(k) contributions and earnings to an IRA?

I have a physician client who is trustee of his retirement plan. There are several participants in a pooled investment arrangement (no direction). The client/trustee manages the plan assets for himself and the other participants (not wise, in my opinion). He wants to make margin purchases and short sales. Are these allowed under ERISA? Since purchasing on margin is essentially a loan from the brokerage house, could we have unrelated business income? Other ERISA issues? Thanks.

Has the IRS just issued new tables for calculating required minimum distributions?

If not, are current tables under IRS Section 72 still applicable?

We currently have this question in our Pre-Screening Application:

Have you been charged with any criminal offense for which you are awaiting disposition , termination, further court proceedings or final resoltuion?

Does anyone know if we can ask this? We are a home health care organization and the pre-screening process is used to determine who will be admitted to our training program. All graduates of the training program are guaranteed employment.

Carlos Rivera

CFO

Cooperative Home Care Associates

CRivera@chcany.org

I was unable to view the ASPA webcast last month on deduciton issues (exam conflict). Did anyone see/hear the web cast? What did you think?

I am thinking about accessing the recording and would like either a "thumbs up" or a "thumbs down".

Here's a good quiz for all pension people!

I have a client whose plan is handled elsewhere. Their current TPA firm indicated they could pre-fund by placing monies into the forfeiture account, and take the deduction on the prior years return. Then they would allocate the monies during the current year. (Wrong?)

I know that all monies should be allocated at the end of every year. Is that the issue here, besides the fact the monies are not forfeitures?

Can anyone point out the 70's ruling indicating monies should be allocated? Thanks so much; have fun researching this one!!

I have a client that has an integrated Profit Sharing Plan. It is a calendar year plan. They want to add a Safe Harbor 401(k) for 2002.

By what date must the plan be amended?

By what date must the notice to employees be giving?

I've looked at Notice 2000-3 and Notice 98-25. It is my understanding that they have up until October 1, 2002 to amend their Profit Sharing Plan to a Safe Harbor 401(k). However; I am uncertain as to when the notice must be given.

Also, is there any where I can find a sample notice which contains the required language?

Any clarification is greatly appreciated! Thanks.

Corporation A acquires B on 1/1/2001. Assume that B does not have a qualified plan. With B comes employees who have all been employed full-time more than 5 years. My question is how is the nondiscrimination testing (401(k) and 401(a)(4)) conducted?

If B does not adopt the existing plan of A, are the employees treated as zeroes for the nondiscrimination testing? Does the intent of 410(B)(6)© where a plan is deemed to pass coverage during the transition period apply to nondiscrimination?

Anyone?

I am working for a 403(B) non-profit (ERISA) organization. and there is an ACP failure for '99 that could still be corrected though the end of 2002 by self-correction. However, when I read about self-correction, I saw that in Revenue Procedure 2001-17 only one correction method is permitted - the one found in Appendix A that seems very unfavorable. If I understand it correctly, I must now include those employees with less than one year of service, and run the ACP test that way which would warrant a huge return to highly compensated employees and a huge contribution to all non-highly compensated. Because of the huge turnover at this organization, when the ACP test is run and excludes those with one year of service only about $30,000 has to be returned, where the other way the amount is much greater. Any suggestions? Why isn't the correction method in Appendix B - allowed for 403(B) plans? That method would be so much more inexpensive?

Does anyone have any referrals for a domestic and international relocation management company that also handles expense management? We currently relocate about 80 employees each year, all of which have different relocation needs, as well as different packages.

If you could also provide some details of your past experiences with certain vendors, that would be great.

Interested in referrals for Deferred Compensation Vendors. Any information would be much appreciated!

A woman is 32 years old and has developed severe carpal tunnel problems in her right arm. She has been employed by the same company in various positions for over ten years (since graduation from college). Her injury is likely due to daily typing and writing on the job. If her condition is certified by a physician, what benefits is she entitled to from her employer? Can the employee sue the employer and be awarded money by a court of law?

A woman is 32 years old and has developed severe carpal tunnel problems in her right arm. She has been employed by the same company in various positions for over ten years (since graduation from college). Her injury is likely due to daily typing and writing on the job. If her condition is certified by a physician, what benefits is she entitled to from her employer? Can the employee sue the employer and be awarded money by a court of law?

Several questions in the SEP/SIMPLE thread ask about having more than one plan in a year. I encounter the question of coordination between SEP/SIMPLEs and the 401K 403b arena as well and could use general philosophical guidance.

Some common questions.

Fred divides his basket business into basket weaving and basket marketing to create two SEPs and maxes out on both. (This would seem prohibited because a controlled group rule would aggregate Fred's contributions under one limit.)

George who is seasonally employed (teacher, snow plow operator in Buffalo NY) participates in the employer's 401k or 403b plan during the winter and successfully guides canoe trips in the summer as a sole proprietor or sole owner of an LLC or Sub S . Is there anything to prevent George from creating a SIMPLE or SEP for the canoe business and contributing the maximum under that plan for his summer work?

Harriet the hard working realtor is an idependent contractor with a SIMPLE plan. Late in the year she lands the sale of a lifetime and decides to drop the SIMPLE as of Nov 1 and start a SEP to defer as much as possible from a year end $200,000 commission. Anything to prevent Harriet defering the SIMPLE maximum on her early in the year $50,000 of earnings PLUS the maximum SEP on the year end $200,000 earinings?

( Tom Poje on another board advises a SIMPLE must be the exclusive plan for the year and that if a qualified plan is established after the SIMPLE plan is funded, the SIMPLE is invalidated and contributions must be returned by the due date of the employee's tax return. This particular question is cited in The ERISA Outline Book as well - 2001 edition , page 12.21

Remember, the exclusive rule for SIMPLEs includes 403(B)s, 457s and SEPs as well. )

Does the prohibition against double dipping of contribution maximums arise only in contolled group situations as with Fred and Harriet? Is George OK in what he is doing? Is there a consistent overall philosophy that controls such situations?

The ADEA, as amended by OWBPA in 1990, allows an employer in limited circumstances to off-set long-term disability payments with retirement benefits, provided the retirement benefits are attributable to "employer contributions." Neither the Act, nor the legislative history, (nor anything else, for that matter) shed any light on this question: Are pick-up contributions under Code Section 414(h) treated as "employer contributions" for purposes of the age discrimination offset rules?

I would appreciate any thoughts.