My former employee leaves contibutions in the plan post termination until 5 year of non-service have past. Then the constributions are forfeited. However, the summary plan description says that the participant is always entitled to their contibutions and the earnings on both the employee's and the employer's contribution. When the five years had passed, the conpany contributions were withdrawn, but the earnings on those company contributions remained. In fact the comapany issued me a letter explaining this and stating the amount to be removed. Subsequently (one year later), the plan administrator has changed and in the transfer, the earnings on the company contributions were removed.

To me this seems to violate the plan. Any suggested course of action?

I have a client who sponsors a db pension, 401(k) and money purchase pension plan.

The money purchase pension plan is a social security replacement plan under which the employer contributes 7.65% of compensation and the employee contributes 7.65% of compensation.

The employee poortion is currently after-tax, but the employer is considering utilizing 414(h) and treating the employee portion as employer pre-tax contribution.

Other than 415 issues with the definitiuon of compensation, is there any issue that would prevent me from amending the 401(k) and defined benefit pension plans to define compensation for benefit purposes (not 415) to include the pick-up contribution?

Hi -

Does Domestic Partner coverage need to be deducted post-tax, or can it be deducted pre-tax?

I have seen on another site where someone had a client who was charging it all pre-tax, but I'm being told (and it has been my understanding) that it must be deducted post-tax.

On the same note, if it is a post-tax deduction, is only the additional premium for the domestic partner charged post-tax, or is the entire amount?

Can someone clarify?

Thanks much!!!!!

I recently separated from an Employer or the Employer terminated me for undefined reasons. I tried to get my 401K distribution approx. 8 days after my employment was terminated. I was told by the plan administrator that I was listed as on a "Leave of Absence" and they could not give me a disribution until this wa cleared up. 41 days later the plan administrator had the same response. 43 days passed from my first call until the plan administrator/employer changed my status of employment. In this time I lost approx. $50,000 in vested funds. Is my employer liable for this loss in any way?

A prospective client informed me that the rabbinical council advised him that is was acceptable to take a non-taxable distribution of $15,000 per year from his 403b account for "living expenses." What section of the code or PLR supports this position?

Client has a 401(k) plan subject to J&S rules. A married participant is requesting a distribution and has been married only a few months. Can the plan administrator make the distribution without the spouses consent under the one-year marriage rule? Does the plan document have to specifically state this rule? Thank you.

Can anyone point me in the direction of more detialed info about the new portability issues. For example when rolling over a qualified plan into a 403b plan, can the assets be commingled, or do they need to be accounted for seperately. Can a SEP-IRA composed on employer contributions be rolled over into a 403b account? Are there any resources (articles, etc.) out there that talk about the record keeping issues for these rollovers. Any help would be appreciated - thanks in advance

I'm taking an informal and unscientific survey of those who plan to file a determination letter request for their (k) plans by 12/31/2001. Schedule Q (nondiscrimination results) is optional. Given the current IRS study on the DL program and the thought being given to eliminating it altogether, I'm interested in learning whether you plan to file Schedule Q with your DL request and, if not, why not.

Please feel free to reply offline if you aren't comfortable posting a reply in plain view!

Thanks in advance for any replies.

hank

Spouse waived benefit (form she filled out is notarized, has an explantion of benefits, etc.) Even so, she claims she didn't understand what she was agreeing to. While she seems basically "up a creek", I did notice one thing:

annuity start date is 2 weeks before date waiver signed.

While that is allowed now, in 94 the "not more then 90 not less then 30" day rule didn't have the "retoractive annuity start date" language.

Is this a "per se" violation? Meaning - is the waiver invalid because she didn't sign it "not less then 30 days" before the annuity start date?

I'm sure this issue has been raised before, but I can't sem to find the thread.

Client has an MP Plan and a 401(k) Plan. Based on the new EGTRRA 404 limits, the MP Plan is no longer necessary.

If we merge the two plans together, does the MP Plan have to provide for 100% vesting (as would be required if we terminated the Plan)?

Any help and/or sites would be appreciated.

Thanks in advance.

May a non-spouse beneficiary of a 403b, roll the distribution over to another 403b and or an IRA? Or is rollover treatment not permitted.

I'm sure this situation isn't unique! A divorced participant died without a designated beneficiary for a defined contribution pension plan. Through the order set forth in the plan, his son (8) is the beneficiary. The ex-wife/mother cannot/will not get the documents showing that she is the legal guardian of the son's estate. The required minimum distribution rules say that for a non-designated beneficiary, pay-out must be by the 5th year after the participant's death. The son will not be 18 for 10 years. Any suggestions? (Remember, the mother won't be named the legal guardian of his estate).

Thanks!

sorry, I am trying to attach a report, but it is not working. I will try later.

this report provides a list of plans that do not have a match = 2/20.

with new rules, all plans in 2002 must have at least a 2/20 vesting schedule.

to run this report:

open report in crystal

goto Report/Select Expert and del plan name in this area (not from the report itself)

Then goto File/Print Preview

You might have to run Refresh Report Data

I am new to the Pension Plan Administration and need a little advice. With the new regs coming about, the profit sharing plan is more beneficial to one of my clients then his current money purchase plan. I want to convert the money purchase plan into a profit sharing plan. With documents needing restated, what is the best way to convert the plan for the 1/1/2002 thru 12/31/02 plan year?

My husband and I were divorced this year. The divorce took place in the Uk .My husband did not declare any of his US pension plans and they were not pursued by my attorney despite repeated requests from me. I was not named as beneficiary on his 401k although we were married at the time the plan was taken out. Is there anything I can do to retrieve the situation. My husband is Director of Human Resources at his firm and was therefore well aware of the implications.

Any help gratefully received:

When a SIMPLE plan is in place, is it possible to put a 412(i) db plan in during the same year --- does it matter whether or not contributions have already been made to the SIMPLE plan this year?

Also, can the SIMPLE plan be immediately terminated and another plan started, or, is there mandatory waiting period - or does it depend on whether contributions have already been made to the plan this year?

We administer a money purchase pension plan with a calendar year end. The employer made the required funding contribution on 9/18/00 (the due date in 2000) for the plan year ending 12/31/99. Consequently, the check that the employer provided the fund company bounced in late September. The employer then made the deposit again on October 4, 2000 after the due date. Questions - Is this contribution considered late and therefore non-deductible? Will there be a need to file a 5330 for the plan year 2000?

Thank you,

Ronnie Wasel

Another third party administrator told me they kept no receipts on medical or Daycare. The client merely calls and tells them what their expenses were and they pay them without receipts. They say you keep your receipts in case you ever get audited. #1 where in the IRS code does it say the employee keeps the receipts without turning them in.#2 is this not the responsibilityof the administrators, talk about opening the door to fraud. Is this legal?

Here is the situation: A plan trustee stole the entire plan's deferral money and ran away. He was later tracked down and forced to pay everything back. The court then made us, the TPA, trustee of the plan. There were 14 people that we have been trying to track down. We used the IRS and they located six of the 14 people we were trying to track down.

Here is the quesiont: What do we do about the remaining 8 or so non locatable ees? Our idea was to set up a Bank a/c in their name in which the money would escheat to the state after a certain number of years. Is this a possibility? A second possibility we came up with was to just leave the plan open, which we don't want to do. Is this a good option for us? Are there any other options out there for us to persue to take care of these employees?

Is there any general guidance out there on how to treat employees on military leave, under a flex plan?

Do we refer to the FMLA/Sec. 125 regulations by analogy?

Does USERRA's "restoration of benefits" requirement apply to participation in a reimbursement scheme (dependent care, medical expense) under a flex plan?

Any pertinent comments welcome.