I need some info on the 403b amnesty program, RP - 2001 - 17, where can I find this info on the IRS website. Also, info on any penalties and fees associated with this process. Thanks.

Does anyone know where I can get a complete copy of SOP 93-6 on line?

Has anybody heard when the new forms and instructions will be released? I checked the DOL website, but couldn't find anything giving an estimated release date. Thanks.

There doesn't appear to be any requirement in IRC 106 that employer-provided health coverage must be a group policy. The employer can also make tax-free contributions toward the cost of individual policies for its employees. Does anyone know any regulation, ruling, or other cite where this is explicitly stated?

Also, are there any guidelines for the administration of employer-provided individual coverage? Does the employer have to make payments directly to the insured, or can the employee be reimbursed under an "accountable" plan?

Finally, does anyone have a feel for how common such an arrangement is and/or if there are other pitfalls?

I need some guidance on if/how I need to file for my employers health plan.

According to documents received from the insurance company, our plan is a self-funded group contract. We pay the insurance company a "premium/fee" each month based on the number of employees we have. A portion of this fee is funded by our employees. And, we are billed monthly for the benefit checks the insurance company writes each month. We have about 25 employees.

According to 29CFR 2520.104-20, it would seem that we may be exempt from filing form 5500. However, I'm not sure that reimbursing the insurance company for claims paid qualifies us under item (B)(2)(ii) of that section (discusses benefits being paid solely from the general assets of the employer). I am leaning towards being exempt since it would seem we are just hiring the insurance company to administer the plan rather than having them "fund" it.

Any thoughts?

I need some guidance on if/how I need to file for my employers health plan.

According to documents received from the insurance company, our plan is a self-funded group contract. We pay the insurance company a "premium/fee" each month based on the number of employees we have. A portion of this fee is funded by our employees. And, we are billed monthly for the benefit checks the insurance company writes each month. We have about 25 employees.

According to 29CFR 2520.104-20, it would seem that we may be exempt from filing form 5500. However, I'm not sure that reimbursing the insurance company for claims paid qualifies us under item (B)(2)(ii) of that section (discusses benefits being paid solely from the general assets of the employer). I am leaning towards being exempt since it would seem we are just hiring the insurance company to administer the plan rather than having them "fund" it.

Any thoughts?

Top 25 HCE elects lump sum - is restricted ! - gets life annuity payments for a year per restricted rules - a year later he's un-restricted & wants a lump sum - how is the amount he's entitled to calculated ??

Has anyone provided benefit increases to former HCEs? The object is to provide QSERP benefits for inactives covered under a SERP. What are the issues and how should the coverage and nondiscrimination tests be conducted? The general test for DB plans for active employees deals with annual accrual rates. What about inactives (term vesteds and retirees), i.e., how do you determine their rate groups?

An investment of $2000 into a Roth last year and lost $500. I recharacterized it into a Traditional IRA. Should I claim a $2000 or $1500 as the income reduction? If I allowed only a $1500 reduction may I calim the $500 loss some other way?

Some of my associates are interested in knowing why it is so difficult to comply with 404© and if there are attorneys advising employers that the trouble and expense of attempting to comply with every minor detail of 404© may be time and money better spent on other things. Would really like to hear some positions opposed to attempting to comply with 404©.

After browsing thru 4 pages and nearly 100 threads here on the subject, [search results from "404©"] it appears that it would be very easy to demonstrate that any particular employer's plan would not comply - even though the Employer claims that they are complying.

Appreciate any comments.

I know that this question isn't related to plan administration, but I thought that I would get the best response here. I am planning to go to our HR person to discuss a raise and I was wondering what the "average pension/benefits administrator" is earning. Does anybody have any suggestions of what I should shoot for?? THANKS!

Is anybody interpreting the new top-heavy exception for safe harbor plans to only apply to plans that have NEVER had any other types of contributions.

EGTRRA 613(d) says:

.........the term 'top-heavy plan' shall NOT include a plan which consists SOLELY of -

(i) a cash or deferred arrangement which eets the requirements of section 401(k)(12), and

(ii) matching contributions with respect to which the requirements of section 401(m)(11) are met.

That is, does "SOLELY" in the statute mean that no other types of contributions were ever made to the plan or does "SOLELY" mean no other contributions were made for the current plan year?

Thanks.

I understand that the regulations do not require earnings to be calculated on excess contributions during the gap period if the plan so provides. So if the gap period turns out to be an 11 month period (for example) a participant's excess contribution will not have any earnings or losses during this 11 month gap period. I find this to be a little strange or unfair to the participant? Am I missing something?

I have read through the regulations regarding Section 132 plans and cannot find the answer to this question. If a company wants to establish one of these plans, do the funds have to be held in a separate account? (Similar to a Flexible Spending Account)If so, does the account have to be a "trust"? Can the company earn interest on those funds? Any materials I could reference would be helpful.

Thanks!

I am so close to paying of my *@#!& student loans, and just had the exciting thought that perhaps I can use my roth ira?! If so, will I only pay tax on the earnings and no penalty since it is for higher education?

I didn't know if you could pay a student loan, or if you had to currently be enrolled in a college.

Please advise!

Regards,

SLM

Looking for advice. I have a new plan that has employer money in a pooled account and allows employee money in fund choices. Since I believe 404© is out, is there a certain number of times I must allow the participants to be able to make fund choices? The employer wants to allow semi annual changes. Is this acceptable? Thanks.

Can money which would otherwise be "forfeited" in a medical flexible spending account be contributed to a 401(k)? How would this be accomplished?

We have a company that recently bought out another. They have changed the old companies name, EIN and 401(k) Plan name. The nature of the job has not changed at all, basically it just changed hands. Same desk rule, right? But can you still apply this rule? We are going to takeover the 401(k) and would like some confirmation on whether it should be considered a takeover or a full Plan termination. Thanks for your help!

I'm a new Dad looking for investment vehicles for my kids future college education.

I know about 529 plans and will heavely consider them. But apart from that...would opening a ROTH under my name or my spouses name be a good idea of saving for future education? I ask this since you can take out the contributions for anyreason without penalty (not the earnings though).

Therefore if I contribute $2000 a year towards a ROTH, by the time my daughter is around 20 and ready for college, I could (potentally) pull out $40000 for her education. Does this sound right.

Meanwhile, during that 20 year time period, my ROTH would have been growing (hopefully, depending on the investment I choose).

As a side advantage, if the college thing doesn't work out and she doesn't go, my wife and I have an added retirement vehicle to our already working 401K contribution efforts.

(i'm done blabbering) does this all sound right?

Seems like a flexable idea to me.

thanks in advance.

:confused: I have heard that when a plan sponsor files for bankruptcy, that there is accelerated vesting for all participants in the plan.

Anybody know if this is true or not?

And, are there any "events" that would accelerate the vesting to 100% for participants of a plan?

Thanks

Furry