Client A has a paired, standardized MP and PS plan with a year end of 9/30. Sponsor is C Corp. Only one employee and one participant. Sponsor has already funded $30K of current year contribution. Sponsor now wants to install a DB plan for current year to make a $90K contribution. However, there's no way to take back the $30K contribution to the DC plan, precluding the $90K contribution.

If the corporation does not take as a deduction the $30K contribution to the DC plans, the deductible $90K contribution to the DB plan is possible. Sponsor is subject to excise tax for the $30K to DC plan--and this is a small price to pay for Sponsor to get an "extra" $60K of deduction. But this excise tax continues each and every subsequent plan year because reoccurring DB contribution never allows for an allocation of the $30K DC contribution.

Of the facts above I am certain. Now here are my questions. If we terminate the DC Plans and distributes assets, what happens to the $30K? It can't go back to the Corp presumably. Can it get rolled over to the participant? Does the Excise Tax problem simply go away, it being a one time event? So pretty good to me!

Does anyone have experience with this? Can you give me a siting?

Thanks very much.

I know that the determination of the 20% amount is as of the beginning of the year. When answering the question "Did the plan at any time hold 20% or more of its assets in any single security. . ." do I include holdings throughout the year? For example, I determine the 20% amount to be $100,000. On the first day, the plan owns $200,000 of IBM stock. During the year, the IBM stock is sold for $200,000, Exxon stock is purchased for $200,000, later sold for $200,000, and McDonald's stock is purchased for $200,000. Do I report $200,000 as of the beginning of the year or $600,000 for each security held during the year?

Thanks in advance for your help!

Myrtle Beach South Carolina

Southern Users Group Meeting

Fri Aug 17,2001

8:45 - 10:15 Lorraine Dorsa will talk about impact of EGTRRA

10:45-12 Miscelaneous, including impact of EGTRRA on Relius

1:15-2:45 Tom Poje - Nondiscrim/crosstested topics

3:15 - 4:30 Modifying Crystal Reports - SungardCorbel representative.

nonmembers welcome, for more details (costs,etc) contact

Maggi Heffernan

(770) 641-1429

Under a SAR SEP Plan, Can a participant that is still contributing to their SAR SEP and an Employer that makes a matching contribution once a year to their SAR SEP transfer their money out of the SAR SEP to a Traditional IRA and if so, can they only take out what they have contributed or all of the monies? IS there a minimum amount that has to be left in the account?

Does anyone know if you can specify how you want the system to sort your data? I haven't found much help on this nor does it seem that we have much choice.

Specifically, I have a 1000 life case that I need to sort by location. We have imported the locations in under the division thinking we could sort by division. I have been unsuccessful so far. Does anyone have any ideas?? :confused:

In 1970 a PERS launched a variable annuity. Up until that time it offered only a fixed annuity guaranteeing 4% per year.

The number of variable units one accumulates is subject to an "explosion factor" of 4% per year in order to keep pace with the 4% fixed interest option.

Upon retirement one may exchange variable units for fixed dollars.

The result is, at the outset, a measureably larger fixed annuity income than what would otherwise be generated if the participant remained in the variable account. Based on past performance of the variable account, the fixed annuity would yield more income for about the first 8 years of retirement. The fixed annuity uses an AIR of 7% and currently credits the participant's account at the rate of 8.25% per year.

Is the above standard practice? Please elaborate.

Best wishes,

Joel L. Frank

Has anyone seen a plan that allows for the continuation of deferrals to the plan after a hardship distribution has been made? I recently saw a plan document that clearly allows for the continuation of deferrals. This is contrary to what I have seen in the past. I found the following in PPC's guide to employee benefit plans.

"A participant is prohibited from making elective contributions after receiving a hardship withdrawal if the plan has adopted the "deemed necessary" rules of Reg 1.401(k)-1(d)(2)(iv)(B). If the plan has not adopted this rule, the participant may continue making elective contributions. The auditor must review the plan agreement to determine if elective contributions are allowed after hardship withdrawals. If the deemed necessary rules have not been adopted, additional responsibilities related to hardship withdrawals are placed on the plan administrator, such as determining if the participant has other resources available before approving the hardship withdrawal."

The plan document clearly allows the continuation of deferrals. It seems that the IRS would not have issued a determination letter if this was not allowed. Any thoughts?

Could an employer establish a Health Care FSA and make only matching contributions ? For example: Employee A contributes $500 to the FSA Employer matches 2:1 or $1000. Employee B contributes less or nothing and receives the same proportionate match.

Is this OK. Employer wants to help those that need additional funds to pay for eligible expenses, but only if the EE will take some initiative/responsibility and contribute also.

If not OK. Ant other ideas.

It was my understanding that fully-insured medical plans are governed by State Law ... and that self-insured medical plans are governed by ERISA.

Can a participant (whose medical claim is denied by his employer's "self-insured medical plan") ever sue his employer/ plan sponsor in State Court? ... or is he only allowed to sue in Federal Court ?

Hi,

I'm a reporter at a national personal finance magazine working on a broad 401(k) story that will look at issues many 401(k) plan participants continue to face, even despite the significant improvements of the recent tax bill and the general evolutionary improvement of 401(k)plans over the last 20 years. We're looking at a variety of issues, including company stock matching contributions and how these often overweight employees in company stock, employees that don't have a 401(k) plan at all (particularly in smaller companies), diversification issues within and among 401(k) fund choices, high fees that remain in some plans, any difficulties or delays with roll overs, difficulties in maxing out contributions due to company limitations on deferral rates and testing, and any plan issues that tend to arise during a merger/acquisition.

I am looking for people to speak with regarding these issues, in terms of how these plan design or structure issues can be an obstacle for participants and what individuals can do to best offset these issues. Secondly, and please note, more importantly, I'm looking for anyone who might know of participants who have been in any of these situations and what they've done to offset the problem. Particularly, I'm looking for participants who've been in a 401(k) plan that has been affected by one of the above issues and who've taken a proactive attempt to change (or at least try to change) the issue with their employer, hopefully with success.

In other words, I'm looking for participants who've e-mailed HR, written letters, or done whatever it takes to try and change something about their 401(k) plan (or start one, for that matter). This might be an individual or group of employees you know through working with a client, or perhaps it's someone you know personally that's tried to work for a better 401(k). It's a success story of a sort--in the sense that the company can show it listened to its employees' demands, but it can serve to illustrate to readers that it is possible to push for changes to a 401(k).

If you know of any such individuals or would be interested in talking to me further about these issues, please email me at I look forward to speaking with you.

In 1999, an employer mistakenly contributed $10,000 to an employee's 403(B) tax deferred annuity. Now the employer wants to recover the monies. Would the Section 403© rules apply to give the employer only one year from the date of the mistaken contribution to retrieve the funds ? (Clearly, qualified plans would be covered by 403© but I have not been able to find anything dealing with this issue in the context of 403(B) tax deferred annuities.) Your thoughts about the answer or where I might go to find the answer would be appreciated. Thanks.

Isn't true that for a DB formula (ex. 2%x FAE(5)xyrs (max 30)-1.667%x PIA x yrs (max30)) that the plan may define PIA in one of 2 ways for a person who leaves before NRA under the plan (say NRA=age 65)?

1. Assume zero future earnings for PIA purposes, or

2. Assume level future earnings for PIA purposes

Is the story different if the formula is projected to NRA and then prorated based on service at termination? So in that instance, the plan would need to assume level future earnings to NRA for the PIA?.

In either instance, the SS law in effect at termination would determine the PIA. My question really relates to whether or not it is required that level pay be recognized to get at the PIA offset when the DB benefit is projected to NRA under the fractional rule. Would level pay for determining FAE in the gross formula be required in this example?

I thought this was an issue several years ago- maybe not now?

Thanks

A client has a Section 125 Plan which was drafted some time ago. Over the course of a few years the client began to offer several additional pre-tax benefits. These new pre-tax benefits are not referenced in the old Section 125 Plan document. As it is the intent of the client to offer these benefits pre-tax, we included the financial information for this coverage on Schedule F of the Form 5500 for the Section 125 Plan. Is this correct? Some of these pre-tax benefits are offered through a national insurance company. This insurance company files a 5500 for these benefits only. We were engaged to filed the 5500 for the Section 125 Plan. Must we have a wrapper document to file all of these pre-tax plans together? Should we continue to file a 5500 for the Section 125 Plan as well as separate 5500's for each Plan under the Section 125 Plan?

regretfully, i found this site after the fact...My company began the process of seeking a letter fo determination from the IRS because we wanted to begin offering a 401K plan.

During the transition period we asked the trustee of the old plan to deposit all fund into a money market account. They remained there for the 3rd quarter of 2000. During the 4th quarter of 2000, we filed for a determination letter with the IRS. our existing pension plan required this of us.

At that time,for the whole 4th quarter of 2000, they took the funds off deposit with the MM account and put it back into the general stock fund. This was done without our consent or knowledge.

does this sound legitimate? please help.

What is the most efficient and effective way to audit health claims paid for a large self-funded welfare plan that requires an audit due to a VEBA trust? Claims administrators are concerned about the new HIPPA rules and may not offer to share claims information, etc. If claims paid can not be tested, this would cause a report qualification, which would be rejected by the DOL.

How about a NQDC plan that allows the participant not only to change the form of his/her distribution "downstream" (ala the Martin case), but also to take an inservice (non-emergency) distribution upon demand?

The provision that would prevent constructive receipt would be a built-in penalty for all inservice distributions equal to X% of the distribution's value. This would place a significant restriction on the distribution and would it not create the fofeiture of a valuable right?

That said, any guidance out there as to how much the penalty % would have to be to escape constructive receipt? 5%? 10%? More?

Thanks.

What happens in 2002 if an employer has both a 401(k) plan and a frozen DB plan, and both plans provide that the T-H minimum is satisfied in the DB plan? Would the T-H minimum still need to be made under the frozen DB plan (despite what EGTRRA says), or will the plans need to be amended to state that the T-H minimum contribution will now be made under the 401(k) plan?

i am the owner of a small company of 35 people.

last june we began the procedure to end our old pension plan, established in 1987. we wanted to rollover the funds into a 401k plan where the employees would be able to direct the type of fund

here is the issue. when we began the rollover process, we had the existing pension plan put the money into a money market account. the money remained there for the 3rd quarter OF 2000. BUT, in the 4th quarter, the old plan, without our consent or knowledge moved the money back into their stock fund. the market, as we all know, suffered losses, hence all the employee accounts suffered losses.we are currently waiting for a letter of determination from the irs to have our old plan terminated and to put this issue to rest, but,

we were supposed to be insulated from any potential loss because the money was in a fixed income money market. the million dollar question is, WERE THEY ALLOWED TO MOVE THE MONEY BACK INTO THE STOCK FUND WITHOUT OUR CONSENT OR KNOWLEDGE?

If an individuals designates, as the beneficiary of the IRA, a valid trust as defined under Prop. Treas. Reg. 1.401(a)(9), can the individual beneficiaries ( there are multiple) under the trust use their own life expectancies if the assets are separated into individual inherited accounts by 12/31 of the next year?

Under the old rules, it was mandatory that the life expectancy of the oldest beneficiary be used- has this changes with the new rules?

Employee had the required 1,000 hours of service, but terminated prior to entering the plan. Employee was rehired after incurring a break in service. It is my understanding that the employee must "start over" for eligibility purposes. Can anyone confirm this (preferably with a citation)? Also, does the employee retain the year of service for vesting purposes?