Does anyone know if and how the new Pension Refrom effects QTIP trusts?? Thanks.

I've read several conflicting articles regarding passing on the determination letter expenses to the participants when the plan is first established. Some articles say you cannot pass the the initial plan determination expenses along and others say you can. Help!!!!

Regarding contributions to a ROTH IRA - I'm currently self employed so have earned income as well as lifetime alimony. When I retire and no longer have "earned income" will the alimony count as "earned" income?

Can I use a 90-24 transfer for my 403B annuity to place it into an IRA with mutual funds? Or do I still have to transfer it to an annuity. I am still employed at the school district but I want a better performing vehicle.

My working wife and myself are both considering starting a ROTH IRA.

What are the investment options within this investment instrument?

Does it matter what institution use for investment? In oterwords, if only have limited investment options, does it matter if go thru a local bank or thru a broker?

Thanks,

Investor turned 50!

Can anyone recommend a stand-alone software program for calculating contributions to a cross-tested plan?

Does anyone know of any planned changes on the reporting of test results?

I know several people who have taken the C-3 exam multiple times and the only response they recieve from ASPA is "You have a received a 6."

It would be helpful if you would get your original test back with an answer key or at least some response so you'd know what areas you need to work on.

I believe ASPA is planning on splitting the C-1 exam (as well as the C-2(DC) and C-2(DB) exams) into two parts each.

Has there been any announcement regarding an expected timeframe for this to occur?

(Presumably once they split into two parts each students will get to purchase 2 study manuals and pay for 2 exams...)

Is there any lower limit for the guaranteed rate of a 412(i) plan?

Dennis- where can I get my hands on the law review commentary "ERISA and Indian Tribes:Alternative Approaches for Respecting Tribal Sovereignty"? I've checked the FreeERISA website for a select few tribal nations amd see that they have filed Form 5500 for their 401(k) pension plans and even welfare plans. If tribal nations fall under "governmental", then it is not clear to me why they filed.

My goal is to get some closure on whether pension plans sponsored by Native American tribes are subject to ERISA.

I am a salaried employee at a non-profit, 501 3 ©, organization.

My "offer for employment" letter stated that I would be paid $25,000 per yr. for 35-40 hours of work a week.

Since starting 4 months ago, my employer told me that, although they don't have an official comp. time program, I would be allowed to use any overtime hours that I put in, at a later date. She told me that if I worked 40-45 hours one week, for example, I could work 30-35 hours the following week, or at a future date of my choosing.

BASED ON THIS, I told her I was going to start building up some extra hours, to be taken off when my family moves... to allow me time to unpack and settle in. She had no problem with this. (6 weeks ago.)

Now that I have spent several weeks putting in lots of extra hours, I talked to her yesterday about using those "built up" hours next month when we move. She suddenly sprang a completely different "rule" on me. She told me that since they don't have an official comp. time program, she cannot allow me to take those extra hours off. Furthermore, she said, since I am a salaried employee, this means I am an "exempt" employee. She said this means that technically they don't have to follow any laws regarding how many hours they can make me work. She said they can work me 50, 60, even 70 hours a week if they want to. She said, "A salaried employee works til the job is done." I told her I understood that to be true, but that most salaried employees also have a project to complete or a certain amount of work to be done in a week.

FYI- my position has never been a salaried position, but always an hourly position. This is because the job is NEVER done... there is ALWAYS more work to do. Technically, there is enough work for me to do that I could go 24-7 and not be "done" working for the week.

My question is: Isn't there some kind of law on how many hours they can truly make me work in any given week? As a salaried employee, can they REALLY keep finding things for me to do and say that is part of my "job?"

My other question is: Can she really change the rules on me like this? Being she TOLD me I would be allowed to put in extra hours and then take them off at a future date, shouldn't that mean that any hours I've accrued up until yesterday SHOULD be able to be taken off? I can understand that if she's changing the rules, that FUTURE overtime hours cannot be counted... but the ones I accrued under our original verbal agreement, should be used as the original rule was stated... shouldn't they?

Maybe these questions aren't "professional" enough for this board.. but I didn't know where else to turn. I have been very frustrated and saddened by what I heard yesterday, and as a single parent, it's enough of a struggle to put in 40 -50 hours per week... I cannot handle more than that just because they "decide" that it will be part of my "pay."

If anyone has an answer or knows the law on this, it would be so appreciated.

RHART

(rebecca@isd.net)

If I contributed $22,000 to a regular IRA, all on an after tax basis (didn't qualify for the deduction)and now the account is worth $32,000, now that I'm over 59 1/2, can I withdraw the $22,000 now, not pay taxes, and then transfer the taxable $10,000 to my rollover IRA account? Is there a defined method for withdrawing funds from this account or is it up to me to decide which funds I'm withdrawing (after tax contribution $ or pre tax earning $)? Thanks

Larry:

Do ESOP plans need amended for GUST? When? What is GUST?

Can a safe harbor 401(k) plan allow participants to take loans from the safe harbor matching and/or nonelective contribution sources?

If not, can the safe harbor required contribution sources be used in determining the maximum loan amount?

I am waiting for disability through my employers insurance. My doctor signed for long term disability. My husband has group insurance that covers me with Kaiser. However, the doctor that signed for long term disability was the doctor I went to under my primary insurance that I received at my job. This is a small credit union of only 12 - 13 employees. I was told I would need to continue to see that Dr., however, I am now no longer covered by the plan that allows me to go to this doctor. She was the medical dr. at a Healthcare center where I also went for chiropratic treatments. My employer said they are having to let the insurance we had go because of a hefty 61% increase in cost and a considerable decrease in benefits even with the high increase. Is there any way I can still continue that insurance through COBRA? If not, what can I do in light of the circumstances where that doctor is the signing doctor for long term disability? Kaiser doesn't cover that part of my treatment. I would appreciate very much any guidance you can give me. Thank you.

I have an interesting fact situation. A public school district currently maintains a contributory MPPP for its non-teaching administrative employees (teachers are covered by the state dept of education plan). Eligible employees may defer up to 4% of after-tax pay. The school district will match 100% up to 4% of pay. (This is a very old plan!!)The only investment vehicle is deferred annuities. (I said this was a very old plan.)

The district would like to establish a section 457 plan for the same employee group. Due to back loads, etc. it will not terminate the MPPP. It wants to make the two plans available so eligible employees can participate in one or both.

Has anyone seen an arrangement like this? Can they maintain both? I think so, but would like someone to confirm it. If an employee participants in both plans, does his or her after-tax 4% deferral into the MPPP count against the 457 $8,500 and general 415 limits? Thanks.

Should Schedule H, line 4a, be answered based on DOL Reg 2510.3-102(a) or 2510.3-102(B)? That is, is the 5500 Schedule H question answered based on the "15th business day of the month following the month in which the participant contribution amounts are received" or is it answered based on "the earliest date on which such contributions can reasonably be segregated from plan assets?"

I know there have been other threads saying that the DOL has focused on the "earliest date" language for determining whether or not a 5330 was required, but I have not seen a thread on which standard should be used for the 5500 question.

I am in a SIMPLE IRA. It is invested in Vanguard Asset Allocation Fund. I am 45 years old. Is that fund aggressive enough (or too aggresive) for someone my age? I am willing to take risk.

Is there a technique for using excess pension assets to pay for group life insurance coverage for ACTIVE participants? If there is, are the death benefits from the group policy taxable to the beneficiary? Does it make any difference if the plan in question is a church plan? I see in the Code a section 7702 that seems to permit this but I've never seen this in operation before.

In order to "fill" first a "B" Trust and finally an "A" Trust following the death of one then the other of a married couple for purposes of Estate Tax exclusion, we will have to include at least some or finally maybe all of the Roth IRA resouces. Is there any way other than withdrawal from the Roth and placing ownership in the respective Trusts to obtain the Estate Tax exclusion for both spouses?