Does anyone know of a court case involving owners self directed accounts that made a large gain and all other employees in general fund with a loss or small gain? Were owners sued for fiduciary breach? (assuming owners are also trustees)

Thanks.

Q) Are 125 Administrators required to carry a professional liability insurance for Errors and Omissions (E&O)?

Does anyone know if this coverage is necessary or available? If so, what companies offer this protection?

I appreciate your help.

FACTS: ABC, Inc. sponsors only one qualified plan which is a 25% mppp for the benefit of all of its employees.

ISSUE: Does §414(v) allow the mppp to be amended effective 1/1/2002 to accept catch-up contributions from those participants who are 50 or older?

DISCUSSION: §414(v)(6)(A)(i) defines "applicable employer plan" to include all qualified plans including mppp. But the catch-up contribution is described in §414(v)(1) as an "additional elective deferral". I have read many descriptions of this new plan feature that use 401(k) plans as the example but do not state that it is limited to 401(k) plans. I have also read that "any qualified plan can allow catch-up contributions" on this message board without citation.

So which way is it? Can the ABC, INC. MPPP allow catch-up contributions and continue to be a mppp?

I have a client who maintains a self-insured health plan for its employees. Because of high turnover among a particular group of workers who are generally not highly compensated, the client wants to delay eligibility for those employees until 90 days after hire while retaining immediate eligibility for all other classifications of employees. Can the client do this with running afoul of the 105(h) benefits and eligibility tests?

Are Roth IRA's influenced by market conditions? And are you allow to withdraw your savings at any point bfore "retirement" or no matter what your age? thanks

Regarding 401k administration fees, I have seen where some administrators charge the "participant" charge for those actually deferring and/or that have an account balance and others that charge the participant fee for any "eligible" participant. I am wonering which is more prevelant. It would seem logical to charge based on eligible participants since they must be accounted for.

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Does anyone know how to advise the following:

Employer has a long term disability policy where an employee is receiving disability payments. The employee is a participant in the 401(k). The LTD plan states that they will pay the employer an extra benefi to be deposited into the plan. The amount is 4% of monthly earnings.

1. How can this be put into the plan as a salary reduction - pre tax contribution?

2. How is it reported?

3. Does this violate any ERISA laws. Again this amount is paid by the insurance co. in addition to the LTD payments

It doesn't seem to be reported on his W-2 as a deferred payment. Should it?

Any help would be appreciated

Our prototype adoption agreement allows the adopting plan sponsor to give credit to employees for eligibility and vesting for service with a predecessor organization. However, I cannot find a definition of "predecessor organization" in the plan document. Must there be some connection between the predecessor organization and the plan sponsor? For example, must the plan sponsor have taken over the predecessor organization's plan?

A potential client wants to give credit to new employees from certain companies but not from others. I do not think there is any ownership connection between these companies. The client does a lot of government contract work and when he bids on contracts he must offer a certain level of benefits to the employees working on that contract. He has apparently interpreted some of these requirements to require giving credit for past service on some other government contract job for some other, unrelated company. I do not see how a sponsor could give credit for prior service to some employees and not to others, if there is no connection between the sponsoring employer and the predecessor organization.

Are fines and penalties (other than the user fee) as a result of VCR corrections able to be deducted by the corporation for tax purposes on the corporate tax return? Does anyone have specific references to guidance?

Are there any unique nondiscrimination testing rules that apply to a premium only plan that is maintained by a church?

NFP employer with existing ERISA 403(B) plan is amending matching contribution formula to base matching percentage on years of service w/employer. The proposed formula passed preliminary non-discrimination testing.

If plan demographics change, is cross-testing a permissible alternative means of passing nondiscrimination testing?

Are there any prototype 403(B) plan documents out there that contain the necessary language??

When a company has Both both a 401k and a Non-Qualified Deferred Compensation Plan for Select Employees and both are pre-tax Plans, how are the percentages calculated from the employees gross earings.

I was told that the Deferred Cmpensation calculation takes precedence over the 401k calculation. The primary retirement account is the NQ Deferred comp and is calculated in full against Gross Earnings. The 401k calculation becomes a secondary adjusted calculation. The 401k calculation would calculate the percentage based on the Gross earnings "less" the Deferred Compensation amount.

I would appreciate knowing if this is correct and how to do it based on say a $250,000. annual salary since I am going to have to communicate this to the eligible employees so they can figure the amount of compensation they can contribute. We currently have a 15 percent maximum compensation that employees can contribute to both plans combined.

Thanks,

Louis Gray

When a company has Both both a 401k and Deferred Compensation Plan for Select Employees and both are pre-tax Plans, how are the percentages calculated from the employees gross earings.

I was told that the Deferred Cmpensation calculation takes precedence over the 401k calculation. The primary retirement account is the Deferred comp and is calculated in full against Gross Earnings. The 401k calculation becomes a secondary adjusted calculation. The 401k calculation would calculate the percentage based on the Gross earnings "less" the Deferred Compensation amount.

I would appreciate knowing if this is correct and how to do it based on say a $250,000. annual salary since I am going to have to communicate this to the eligible employees.

Thanks,

Louis Gray

I am interested in Medical Reimbursement Insurance and the different ways discrimination is allowed. I am also interested in the different companies that sell this type of insurance. Does anyone have any ideas? Thanks

I work for a city government, I contribute to a 457 dc. My employer contribute's, on my behalf, to my union's defined benefit

retirement plan. Assuming approval from union trustee's I would like to know if I can do a direct before tax transfer of any or all of my 457 balance to my Union's retirement fund with the objective of purchase additional service credit. The union defined benefit plan is a multi-employer type plan if this makes any difference. The possibility of such a process is a very big deal with the guys I work with at the puplic works dept.

I greatly appreciate any information.

Thank you.

As I review cross-tests perfromed by different TPAs, there are two ways in which a participant's age is being calculated. One that I refer to as the Attained Age method is the age of that person on his or her birthday in the 12 months preceding the Plan's year end. The other method is one that I refer to as Closest Age: what is the participant's age as of the birthday that falls in the 6-month periods before and after the Plan's year end. Given the Closest Age method, some participant's have an age one year older than under the Attained Age method.

I see nothing in the Plan docs that speak to the method to use. In the ERISA Outline Book, Tripodi seems to indicate it's a matter of preference.

I've performed calcs in which a Plan can pass under one method and fail under the other, all other factors being equal.

Can I use whichever method works the best? If so, could I change it from year to year if a demographic shift would favor one over the other?

In 2003, participants in qualified defined contribution plans may make their IRA contributions to a qualified plan as a Deemed IRA if allowed by the plan. These IRA contributions can be traditional and/or Roth up to the new $3,000 limit.

In 2006, participants in 401(k) plans can make Roth Contributions up to $15,000 if allowed by the plan.

In 2002, participants can roll their traditional IRA to an employer sponsored qualified plan that allows it.

My questions is: does EGTRRA allow a participant to roll his Roth IRA into a qualified plan? If so, as of when?

I have a client whose company (Security Link) is being acquired by Tyco. He borrowed money from his 401(k) under old employer to purchase a home. Now he is being told that the loan either must be repaid, or treated as income, with penalties. Is there any relief for this situation? As a result of the acquisition, he is being transferred and must sell old residence and purchase a new one. What are his options? Thanks

I'm a broker in Denver CO. There are no fully insured group msa's available in CO. Does anyone know of a TPA who does a self funded msa plan or would be willing to start? ie. a qualified high deductible medical plan. I spoke to one local tpa who did not want to go through the effort of administering it. I have business clients who want a group msa product, but I can't deliver one.

Thanks