We have a client who, in his late seventies, started a business that is now sponsoring a DB plan. There are no other employees. His NRA is 83. Will putting 83 on line 6b of the Schedule B practically guarantee an audit? The doc defines NRA as 65 and 5P, but it's my understanding that you have to put the actual average age on line 6b. Does anyone have a different interpretation?

When an employee has a status change and elects to change coverage in a Section 125 plan, is backup documentation required? If not, do we have any leeway? If we choose not to require backup, what negative consequences could this present?

If a participant has a 403(B) and a 401(k) with the same employer, can the participant roll assets from 403(B) into 401(k)?

A Canadian company purchases a U.S. company that has a 401(k) plan. The Canadian Company becomes the plan sponsor.

One of the employees participating in the U.S. 401(k) plan is a Canadian citizen living in the U.S. (resident alien).

If that employee leaves the U.S. company to live in Canada and work for the Canadian parent company, what happens?

Can a distribution be made to the participant?

Does service with the Canadian parent company (and plan sponsor) count towards vesting service in the U.S. plan?

Can the plan document specify the answers to these questions (is there a choice)?

Are 403(B) plans required to be amended for GUST?

With a KSOP, is the entire plan (both ESOP and 401(k) portion of the plan) required to be primarily invested in employer securities? Is it alright to only have the ESOP portion of the plan primarily invested in employer securities and allow multiple investment options for the 401(k) portion of the plan? I was under the impression that it was okay to treat the 401(k) and ESOP portions of the plan as two separate plans for purposes of the "primarily invested" rule. However, I came across a treatise which says that a KSOP must be designed to invest primarily in employer securities and that all benefits under a KSOP must be distributable in employer stock. Thanks for your suggestions.

We are in the process of implementing a commuter reimbursement plan and are trying to determine the required audit requirements.

POsted this in distribution thread and didn't get any help - so I will try it here!

Without our knowledge, an owner-employee S-Corp shareholder took a loan from his plan in 2000. The new EGTRRA regs would exempt this transaction from the PT rules if it were to happen after December 31, 2001. In write-ups on the new rules, I have seen it said that the IRS will also waive penalties for these transactions made before 2002 if the loans would have been allowed had the new law's change been in effect throughout the period of the loan. However, I can't find any official documentation of this. Can anyone help point me in the right direction to determine if I have a problem

Paul Harvey Writes:

We tried so hard to make things better for our kids that we made them worse.

For my grandchildren, I'd like better.

I'd really like for them to know about hand me down clothes and homemade ice cream and leftover meat loaf sandwiches, I really would.

I hope you learn humility by being humiliated, and that you learn honesty by being cheated.

I hope you learn to make your own bed and mow the lawn and wash the car.

And I really hope nobody gives you a brand new car when you are sixteen.

It will be good if at least one time you can see puppies born and your old dog put to sleep.

I hope you get a black eye fighting for something you believe in.

I hope you have to share a bedroom with your younger brother. And it's all right if you have to draw a line down the middle of the room, but when he wants to crawl under the covers with you because he's scared, I hope you let him.

When you want to see a movie and your little brother wants to tag along, I hope you'll let him.

I hope you have to walk uphill to school with your friends and that you live in a town where you can do it safely. On rainy days when you have to catch a ride, I hope you don't ask your driver to drop you two blocks away so you won't be seen riding with someone as un-cool as your Mom.

If you want a slingshot, I hope your Dad teaches you how to make one instead of buying one.

I hope you learn to dig in the dirt and read books.

When you learn to use computers, I hope you also learn to add and subtract in your head.

I hope you get teased by your friends when you have your first crush on a girl, and when you talk back to your mother that you learn what ivory soap tastes like.

May you skin your knee climbing a mountain, burn your hand on a stove and stick your tongue on a frozen flagpole.

I don't care if you try a beer once, but I hope you don't like it.

And if a friend offers you dope or a joint, I hope you realize he is not your friend.

I sure hope you make time to sit on a porch with your Grandpa and go fishing with your Uncle.

May you feel sorrow at a funeral and joy during the holidays.

I hope your mother punishes you when you throw a baseball through your neighbor's window and that she hugs you and kisses you at Christmas time when you give her a plaster mold of your hand.

These things I wish for you - tough times and disappointment, hard work and happiness. To me, it's the only way to appreciate life.

Written with a pen. Sealed with a kiss. I'm here for you. And if I die before you do, I'll go to heaven and wait for you.

Paul Harvey...

We are considering web enrollment for FSA's and benefits enrollment. What are the main legal compliance issues involved?

We are thinking about Web enrollment for FSA's, benefits and possibly new hire paperwork. What are the hotest legal compliance issues involved?

Our client just died in January of 2001 (he was over 70 1/2 and already taking his MRDs). He had not yet taken his MRD for the year 2001. The sole beneficiary of his IRA is his wife. Is the MRD for the year 2001 (computed based on his age I understand) an asset of hers for the year 2001 or is it paid to his estate and thus an estate asset to be reported on the estate return? Thanks for your help. BJW.

My E-mail address:

f_Chorley@hotmail.com

30, Spondon Road

London N15 4DX

08 July 2001

TO WHOM IT MAY CONCERN

Sir or Madam,

My Nat. Ins. No. YE 00 68 72 A

· I have been living and working in this country for the last 40 years – I came to this country in 1960, from Mauritius, while it was still a British Colony.

In the Appeal confirmation by the Walthamstow Benefit Agency, they suggest that I also get advice and representation to my Appeal. That is why I am writing to you.

I am very worried that there are many points which neither the Appeal Service nor the Appeal Tribunal can deal with; they have neither the Power nor the Authority nor the responsibility to deal with certain issues, for example:

· The fact that today I have no Income whatsoever to live on. I do not work and have not worked since 1st of October 1992 because I have been seriously ill. I receive no pension from any Employer. I have no savings since I have not earned a penny since 1st of October 1992 and, besides, I have had to support my two children on my Incapacity Benefit alone since 1995. I do not have any money to buy food – for now, my two children and I have to live on dry bread and water alone, given to us by our next-door neighbour. She is a widow herself and does not work and have a son of school age, still to support. I am now scared that she will not be able to give this bread forever. What is going to happen to us then?

· The fact that we do not have no Income, will also force me to have my electricity, gas and water cut off very soon, unless we receive some Income from somewhere. With no Income we cannot survive. Because there is absolutely no way we can get any money anywhere.

· Obviously, neither the Appeals Service nor the Appeals Tribunal can deal with the matter of “Emergency Payment”, pending the result of the Appeal. In the meantime, we just cannot survive, because we have no money whatsoever to live on. The Benefit Agency, although fully aware of all the facts, refuses to grant me any Emergency Payment, pending the result of the Appeal.

· There is absolutely no way either the Appeal Tribunal nor the Appeals Service nor I can force my wife to support the two children and I. No Solicitors will take the Case. Because of the Benefit Agency, my wife has now left us altogether and will neither support us nor pay the household bills, which she used to pay. She says that now she has to pay rent, she cannot afford to pay our electricity, gas and water and house insurance as well. Please allow me to explain this: My wife, since 1995, has been unable to support the two children and I because she has had to support her elderly mother, who is 88 years old, ill with cancer and bedridden most of the time. My wife has to support her financially, for food, for rent, for medicine even. In Mauritius, she does not receive anything from anywhere at all.

· But the Benefit Agency wants her to stop supporting her mother and support the children and I instead. My wife feels that this is a very serious human-right issue and, as such, should not have been taken by the Benefit Agency, but it should have been dealt with by a Court of Law.

· As the Benefit Agency adamantly refuses to take this a Court of Law, my wife has now left us altogether, so that she not only does not support us, but will not pay any of our bills – electricity, water, gas, rates and the house insurance neither.

· Consequently, we now have no money to buy food, but very soon we will be forced to have the essential supplies cut off, because there is absolutely no way we can get any money.

· The fact that I was forcibly retired on medical grounds in 1995. I was refused all right of appeal. Having been forcibly retired on medical grounds, I cannot be told now, after so many years, that I am no longer retired. One just cannot be retired one minute and not retired the next. I do not think that that this has ever happened in the history of this country, nor indeed in any country of the world. However, I do not think that this is the responsibility of the Appeals Service nor of the Appeal Tribunal to deal with.

· I do not think that these issues concern either the Appeals Service or the Appeal Tribunal. At least, I do not think that it is their responsibility, and, consequently, will not be dealing with these particular issues. And yet these particular issues are vital and paramount to my Case. If these are not dealt with and considered, my two children and I will be left with no Income whatsoever and cannot survive.

My two children and I are in a most desperate situation and we need help most urgently.

I am a 61-year-old man, severely mentally ill since April 1993. I have been unemployed since 1st of October 1992.

In 1995 I was forcibly retired on medical grounds on the advice of my GP and the Medical Services for the Benefit Agency, who took 2 years to investigate my Whole Case. I was refused all right of appeal. I was told that I was no longer required to submit any more medical certificates, nor have to undergo any Work Test nor have to have any more medical examination. They confirmed that I was in effect retired on medical grounds.

Now, however, after so many years, I have just been informed by the Benefit Agency that I am no longer retired, insinuating no doubt that I have suddenly been cured, as if by magic or by a miracle – without having given me any medical examination.

My benefits have been suddenly stopped. I have now no Income whatsoever to live on.

Since 1995, I have been supporting my two children on my Incapacity Benefit alone, my wife unable to support us. My wife has to support her old mother (In Mauritius). The Benefit agency wants my wife to stop supporting her mother and support the children and I instead.

My wife is unable to do this, because if she were to relinquish all responsibilities towards her mother, her mother 88 years old, ill with cancer and bedridden for most of the time, will have to leave her modest accommodation and go and live on the streets and die of starvation.

My wife feels that this is a very serious human-right issue and as such should have been taken by a Court of Law and not by the Benefit Agency. As the Benefit Agency adamantly refuses to take this the Courts, my wife has now left us altogether, so that she does not have to pay any household bills (which she was paying) and not support us either.

Consequently, my two children and I are now without Income whatsoever. Since last week, we live on dry bread and water alone. One loaf of bread have been given to us by our next-door neighbour, a widow herself and she does not work; that is all she can give us. We do not have any other relative in this country and do not know anyone who can help us.

Very soon, we will have to have our essential supplies – Water, gas and electricity cut off. Not only we will not have any food, but we will not have any hot water, therefore we will not be able to have a bath or even a simple wash; we will have no heating in the house. Not wanting to make difficulties for ourselves, but like everyone in this world, we will have to use the toilet. With the water supply cut off, we will not be able to flush the toilet. What will happen then? Your guess is as good as mine.

I have contacted our MP, Citizens Advice Bureaux and countless numbers of solicitors, but I cannot find anyone to help us in any way.

I must also point out that Tottenham Benefit Agency is fully aware of our situation, but adamantly refuses to help us in any way.

Please, please, come to our aid. We have no Income whatsoever. I am unable to look for work, because neither my GP nor the Medical Services for the Benefit Agency will clear me of my illness.

I have submitted Appeals on the following:

· The fact that I am being refused any “Emergency Payment” pending my appeal – we now have no income whatsoever and cannot survive.

· Against the decision of stopping my Incapacity Benefit.

· Against the decision of stopping my Income Support.

· Against the decision of refusing me Disability Living Allowance.

· Against the decision of refusing me “Minimum Guarantee Income. How is it possible not to get the Minimum Guarantee Income, when in fact, I do not have no Income whatsoever and two children still to support?

If you require any more information from me, please do not hesitate to contact me and I would be only too happy to give you any further detail that you may require.

Thank you. Thank you.

France G. Chorley

Are 401(k) plans allowed to be offered by all units, agencies of state and local government?

I'm looking at a takeover "super integrated" non-standardized prototype which allows for several selectable correction methods in the event of 401(a)(4) general test failure.

One of the choices, which was in fact selected, is what I'd call the "Robin Hood" method, that is reduce the allocation to the HCE in a failing rate group, and give that amount to the highest NHCE below the failing rate group to enlarge the failing rate group. Repeat with the next NHCE until it passes.

The test I'm looking at fails badly, so a correction is needed. I have an internal opinion that the correction method in the document should be ignored and the plan should be amended within the 401(a)(4) correction period to adopt a method which allocates additional $.

Clearly a corrective amendment cannot provide for a takeaway, but the existing language provides for such a takeaway.

Any dissenting opinions, i.e. anybody think the takeaway method is acceptable if it is in the document?

Does anyone know if the VCR for the pension and welfare plans can also be used for Cafeteria Plans? WE found a company who has not filed a 5500 since 1994 and want to tell them what kinds of fines and penalties they would be subject to. Thanks.

With my Mother’s aging, I have become more and more involved with her finances. This was my discovery this past year.

My Father retired (1983) as a faithful member of the Brotherhood of Painters, Decorators & Paperhangers. From his “Official Membership Book” starting in 1947, (I have all of them), it shows each month the amount of dues he paid and the signature of the local’s secretary. Also, in each payment book appears the name of the beneficiary, my Mother.

In 1986 my Father died. Upon my Mother’s call to the local union office to inquire about death (burial) benefits, she was informed that she was not entitled to my Father pension because “she signed piece of paper”.

My Mother remembers my Father shoving a piece of paper in her face, wanting her to sign so he can receive his pension. Being a trusting and submissive spouse, she signed unwittingly!

I certainly believe if my Mother knew upon my Father’s death, she would receive nothing, she would not have signed.

My Mother is the type of person, if the very important union representative said she signed a “piece of paper” and there was nothing anyone could do, then so be it. With pride and embarrassment, she has been living on just her social security ever since.

Any help would be appreciated. I am looking for:

California’s Statute of Limitations. Is this still a GOOD FIGHT?

Any information, class action or otherwise that has reversing this injustice.

Other surviving spouses faced with this same dilemma.

A good Pension Lawyer in Southern California.

I am currently studying for the Joint Board Enrolled actuary exams. I am looking for someone or information on where to find someone who is also now studying for the EA1 exam. I would like to find someone to ask questions of and to converse with.

I am currently working with an enrolled actuary who has been out of the text studying for a while. Need someone who is more up to date on the study materials. Someone who is willing to assist me when i get stuck with a question.

Thanks

The increased deduction limits, effective in 2002 for Profit Sharing plans equal to 25% of compensation, when does it apply for to an off calender plan year. If the plan year is 10-01-01 through 9-30-2002, What deduction limit do you use?

Is there anything out there that spells out what other changes under EGTRRA applies to plans that are not calender year?

Thanks.

Am I dreaming or was there some law that passed that somehow excludes Sole Props from Control Group regs.?

401(d) was the closest I could find and thats not it... anyone know what i am talking about?

thank you