Minimum Distributions are calculated based on the account balance as of the latest valuation date in the prior year (the latest valuation ending in the calendar year prior to the distribution calendar year). There are adjustments to this balance where the plan year is not calendar and there is no 12/31 valuation. My interpretation is that you add any contributions allocated after the plan year end but within the calendar year end. This would include contributions allocated for the plan year ended AND contributions for the next plan year allocated within the calendar year. For example, a 401(k) plan with a plan year ending 8/31 and semi-annual valuations. My understanding is the 8/31 balance would be increased by any year-end allocations for that plan year (even if made after the calendar year ends) AND by contributions allocated from 9/1 - 12/31 for the next plan year. This adjusted 12/31 value would aslo be adjusted by distributions made from 9/1-12/31.

Agree, disagree? Thanks

Plan match provision calls for 50% match, increasing to 100% after employee has deferred for 4 calendar quarters.

How to test under 401(a)(4)? Brf match test with two groups, those at 50% and those at 100%?

Other issues or problems with this? I don't like it, but am having trouble pinpointing the faults.

May an employer pay 100% of the group health premium for full-time employees, 0% for their spouses and children, and 50% for part-time employees? Also, may an employer vary the contribution percentage for full-time employees based on years of service?

ERISA defines the term "administrator" in section 3(16)(A).

ERISA defines the term "named fiduciary" in section 402(a)(2).

I assume that everytime the term "plan administrator" appears in the law or the code that this means the ERISA 3(16)(A) administrator.

Every legal document I have ever seen separately defines who is the plan administrator and who is the named fiduciary.

What is the difference between these two? It seems to me that the administrator would be a fiduciary and from reading about the duties of the named fiduciary, it appears that the named fiduciary might be the plan administrator.

Being exempt from Title I of ERISA, what are the requirements for SPDs for benefit plans of governmental employers?

A company offers fully-insured medical coverage to certain classes of its employees.

The company pays some of the medical premiums and the remainder of the premiums are withheld from covered employees via pre-tax withholdings (cafeteria plan).

I realize that the cafeteria plan must pass three types of discrimination tests ....1) Eligibility test 2) Benefits test and 3) Concentration test.

I understand what the Eligibility test & Concentration test are ..... BUT What is the Benefits test ? How does the Benefits tests work? .... and what is meant by the word "benefits"?

Does anyone know exactly what attachments are required when you are filing a FINAL Form 5500?

My company is merging with another - those employees being severed are receiving 100% vestment in their 401(k); however, I'm told if I "transfer" (accept new role with new organization), that I am not vested and can only roll over my own contributions and will then of course fall under their plan. Why wouldn't my total contributions roll over (company matching) when my organization is closing it's doors and we are merging?

Could anyone make a comparison between the pension study programs sponsored by the International Employee Benefit Plans and ASPA. Anyone with insight in both programs may responds. thanks

There is a gap in time between the mutual fund's record date (ex date) and the date the cash hits the trust. Is there an industry standard or fiduciary standard that states the allocation to participants account should be based on shares held on the record date, or is it feasible to allocate on the shares held on the date the cash hits (assuming there is not an unreasonable amount of time between)? Thanks

Can anyone please help me locate a code section, plr, case, or other authority that will confirm whether or not a variable annuity within a by-pass trust (unified credit trust/credit shelter trust) will still enjoy the benefits of tax deferral?

Company A purchases Company B & Company C. Both purchases are stock sales. All three companies currently maintain 401(k) plans.

My understanding is that by virtue of the purchases being stock sales, Company A now has responsibility for acquired companys' plans. It doesn't seem like there is a distributable event & , therefore, Company's A's options are limited to:

1)Merging the plans

2)Maintaining plans Separately

3)Freezing the Plans (when would this be advantageous?)

Company A would like to merge all three plans together but wants varying employer contributions. If "merged plan" allows for varying profit sharing contributions by employer, I believe they will need to do rate group testing under 401(a)(4). If, however, Company A elects to maintain plans separatetly I believe they will still need to do the rate group test based on the entire controlled group. In effect, from a discrimination testing perspective it doesn't matter if they merge the plans or not.

What if Company A decides they also want varying matches by employer? Would this be subject to the 401(a)(4) test or just the ACP test? If just the ACP test, how would that work.....since you only look at eligible employees? Would you do an ACP test for each participating employer?

Any comments or suggestions would be helpful.

Company A purchases Company B & Company C. Both purchases are stock sales. All three companies currently maintain 401(k) plans.

My understanding is that by virtue of the purchases being stock sales, Company A now has responsibility for acquired companys' plans. It doesn't seem like there is a distributable event & , therefore, Company's A's options are limited to:

1)Merging the plans

2)Maintaining plans Separately

3)Freezing the Plans (when would this be advantageous?)

Company A would like to merge all three plans together but wants varying employer contributions. If "merged plan" allows for varying profit sharing contributions by employer, I believe they will need to do rate group testing under 401(a)(4). If, however, Company A elects to maintain plans separatetly I believe they will still need to do the rate group test based on the entire controlled group. In effect, from a discrimination testing perspective it doesn't matter if they merge the plans or not.

What if Company A decides they also want varying matches by employer? Would this be subject to the 401(a)(4) test or just the ACP test? If just the ACP test, how would that work.....since you only look at eligible employees? Would you do an ACP test for each participating employer?

Any comments or suggestions would be helpful.

Are there any employment laws regarding an employer telling an employee when they can/can't take a vacation. (i.e. they can only take vacation on Thurs and Fri and cannot take a week at a time)

SEE THESE LINKS

http://www.msnbc.com/news/576308.asp?0si=-

ICI Applauds Enactment of Tax Reform Package

http://www.ici.org/ici_info/leg_hr1836_release.html

I am curious to hear the various TPA's methods for matching contributions that need to be "trued up" annually when deferrals are matched on a per pay basis.

EGTRA-EGTRA-read-all-about-it says that employee 401(k) will not count as employer contributions toward the section 404 deduction limits.

Does anyone know whether they will still be counted as employer contributions for the purpose of determining top heavy minimum accrual requirements.

In other words, does this mean owners in a top heavy plan can defer the maximum without having to give everyone else a 3% minimum?

--bri

If you have a settlement for LTD and win in court/mediation and get a lump sum check, wouldn't that be "EXEMPT" from any creditor you might not have paid yet?

I am understanding that if a settlement for "PHYSICAL/INJURY ILLNESS" is Exempt from creditors/property etc. I read this in some case won..

Does anyone know for sure? And would you know where the answer would be? What Court or Code?

Thanks.

Does anyone have any knowledge of the recent IRS meeting on the proposed MRD reg's?

Did the Economic Growth & Tax Relief Reconciliation Act of 2001 (H.R. 1836) replace the Comprehensive Retirement Security and Pension Reform Act (H.R. 10)?