We've had a number returned with no forwarding address - company is out of business & plan is termed. Is the proceudre for locating these people the same as for missing participants that haven't been paid out? Or given that we've made an attempt to mail the form once do we need to go any further?

Thanks

I am trying to determine how to test using the Accrued to Date Method as opposed to the annual method and am having a hard time finding any guidance on how to do this. Does anyone have a good cite?

I greatly appreciate it.

Our 403(B) plan allows part-time on call (PTOC) employees to make unmatched contributions. During the calendar year, many of our employees' status changed from full time regular (eligible to make matched contributions) to PTOC. For testing purposes, if their status is PTOC at the end of the calendar year, can we exclude them?

Client made excess deferrals of $1200 in 2001. With market being down there was a loss so only $800 was distributed. What is the correct coding on the 1099-R. Our paying agent issued one showing the $800 in box 1 and $1200 in box 2A, but shouldn't the loss be reflected somewhere on the form as well?

Can an employer's COBRA notification include the Health Care FSA information required? Or does the health care FSA need a separate notification and election form? Thanks

Can an employer's COBRA notification include the Health Care FSA information required? Or does the health care FSA need a separate notification and election form? Thanks

Need help with this one!

A COBRA participant is getting a divorce. He has a soon to be ex- wife and two children. Does everyone qualify for a secondary event? 36 months? Just the wife(ex) and children? Who's policy do the children fall under? and Who is entitled to a notice?

Thank You

Anyone heard of changes to be made to the DOL's Delinquent Filer Voluntary Compliance Program? DOL personnel recently stated to me that changes were coming very soon , but she couldn't tell me what those changes were?

Please Help!

Here's a question I can't seem to find any straight answers on.

A COBRA participant is getting a divorce. His wife (soon to be ex) and 2 children are all listed under his COBRA. What happens now?

Do ALL famliy members receive 36 months? Whos COBRA will the children fall under? Who gets notices?

Thank You!

Can a non-profit organization that implements a 401k plan make a PS contribution or is it salary deferral only since they are non-profit?

Thanks.

When I retired 5 years ago with a qualified 457 plan, I did not give a date certain for initiating distributions. At that time, I was uncertain as to when I would be needing the money and once a date for distributions was set, it could not be changed. I consulted with the plan's representative at our workplace re my dilemma and he told me to simply avoid notifying the plan's administration of my retirement. According to him, many people handled it that way. He said that if I notified the plan's administrators, they were required to keep after me for a date certain. I took his advice and left my money in the investment option I had chosen without setting a distribution date.

About a month ago, I ran across an article on 457 plans that included mention of a concept called "constructive receipt". If I understood it correctly, it seemed to imply that by not giving a date certain 5 years ago, the govt. considers that I was in full receipt of my 457 plans assets (even tho I have not received any money from the plan) and therefore I may be liable for taxes

on the entire amount over this 5 year period. Is this so???

I transferred funds out of my company's 401(K) into a "self-directed" IRA and then converted the IRA into a ROTH ( and paid the subsequent taxes).

Can I now put additional funds into my ROTH , without having to transfer/convert more of 401(K) ?

Thanks for any assistance !

I am dealing with my first minimum distribution, and am trying to figure out what forms I need to provide the Participant. Is there a special notice or form I should use? Thanks

If my last contributions to a SEP were made in 2001, can I start a SIMPLE IRA in 2002? Do I have to do anything with the existing assets in the SEP, like a plan termination?

I assume that as a "self-employed" all my income from the business (even that not reported on a W-2) is treated the same whether in the SEP or SIMPLE. Am I correct?

We have a plan where the two Key EEs also participate in outside deferred compensation arrangements. This year, they've asked us to refund their entire employee contribution, as they've evidently contributed $10,500 into another 401(k) or 403(B) plan. This will require that we forfeit their entire match amount as well. Thus they will effectively have no contribution for 2001.

Does anyone think they could then get away with not funding their 3% minimum contribution? They are a top heavy plan. Generally, I would count an excess deferral as a contribution, but I see no specific reference to Top Heavy minimum determination.

Thanks.

Grant

It seems to be fairly common for a non-spouse beneficiary who has inherited an IRA to name his or her own beneficiary. I seem to recall that this was a gray area some time ago. Can anyone point me to a reg., notice or something that puts it in black and white?

Participant would like QDRO to allocate 50% of the balance of the outstanding loan to the Alternate Payee. P would also like the QDRO to be structured so that the payment of the amount due to the AP would be offset by the balance of the loan attributable to the AP. Plan document does provide for distribution in cash or in kind. Plan document also allows for immediate distribution to AP. Does anyone see any problems with this?

Please help me determine the RBD. Here are the facts:

1) A non-owner, terminated participant turned 70 1/2 in 2001.

2) This former participant took a total lump sum distribution of his account in 2000, therefore his balance at 12/31/2000 was zero.

3) During 2001, the former participant received an allocation of forfeitures and now has a balance at 12/31/2001.

Will his RBD be: (a) 4/1/2002, (B) 12/31/2002 or © 4/1/2003?

If the participant wants to distribute the total residual amount in his account now, do I need to calculate his minimum first?

Thanks,

Kurt

Can anyone confirm or let me know where to find the colas for California for the 402(g) limit, etc.? Has the cost of living adjustment been set for $11,000 in 2002, independent of EGTRRA? Thanks.

As I understand it, if separately testing otherwise excludable employees is used for ADP testing purposes, we must do the same for 401(a)(4) testing purposes. True?

If true, is it also true that you may not separately test otherwise excludables for 401(a)(4) if you do not test for ADP/ACP on the same basis?

What if the ADP/ACP testing is done by using prior year results, does this have any effect on your 401(a)(4) options?