Okay - worst case scenario - you are a financial institution, not a TPA, you have a client who opened an account with you in 1997 by signing at that point a document that "certified" the trustee powers, and indicated that their plan was established in 1988.

Now - the client has changed CPA firms, and the new CPA would like to perform the annual calculations, but needs the document to follow the formula - YOU DON'T HAVE A COPY, the client seems to have lost their's if they ever had one, and the prior custodians seem to think that the docs are the responsability of the new custodian (you).... now what?

Has anyone ever had a situation where you cannot find the plan documents as originally drafted? Client is a sole-prop and files 5500 EZ each year.

Idea's? Suggestions? In the event we need to go to the IRS or DOL - who would be named in the filings as the original preparer if we are not absolutly sure ourselves?

Thank.

I am new to working with IRA products. Is it possible to convert a profit sharing plan to a SIMPLE IRA or SIMPLE 401k plan? If so, what all is involved in converting the plan?

Any suggestions on websites where to find information on company's benefit plans (both qualified and nonqualified plans)?

May a self-funded health plan impose different waiting periods for eligibility between salary and hourly employees? I would appreciate a cite to back up any opinions. I thought that as long as you treated similarly situated individuals the same it was OK. However, an earlier post to this board (2or 3 years back) indicated that the IRS had issued a determination letter saying this was discriminatory in a self-funded plan.

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!