Are there any exceptions to the 20% withholding rule for partcipants of a DB plan who rollover their contributions? For example: a DB plan member is issued a check at retirement directly from the pension plan and no tax is withheld. Are some government plans permitted to not withhold?

Currently I am a participant in an employer sponsored 401(k) plan. I am interested in buying this company's assets - I do not want to take the plan on also. Therefore, the current company will terminate it. Can I rollover my distribution from my current employer's plan and invest in my new company through my IRA?

Specifically, can my IRA own shares of my new company? Is there any limit on what percentage owner I can be before it becomes a prohibited transaction?

With the new 401k limits slowly going up to a maximum amount of $15k each year will there still be the 15% maximum amount of your salary that you can contribute or will it be moved up as well. If not you would have to make $100K a year to max a 401K out and I don't see where that will help many of us.

How do you withhold income taxes on payments made

to the beneficiary of a non-qualified plan participant, when the payments are made monthly

over a period of several years?

When a 401(k) plan terminates, elective deferrals cannot be distributed if the employer sponsors a successor plan. SEP's and ESOP's are specifically eliminated as successor plans by regulation. Most concur that SIMPLE IRA's are also excluded since they are not qualified plans under 401(a). Does the same reasoning exclude section 457 plans?

I'm having a stupid attack!!! Dealing with a Plan that has a discretionary profit sharing contribution with a last day/1000 hour rule. What identity should I give to this contribution on line 4d of Schedule T?

None of the seven options in the instructions seem to apply, and my software check feature is giving me an invalid entry if I use anything but one of the seven options. What am I missing?

Thanks in advance.

Rudy

What steps are plan administrators taking to make sure they do not engage in prohibited transactions? What are the requirements for holding a fiduciary liable?( ex. Knows or should know?). What is the civil/criminal liability for a fiduciary engaging in a prohibited transaction? With the 2001 Advisory Opinion, what are plan administrators doing to make certain they are in compliance? What corrective actions are being taken to avoid the liability and have no penalties?

Any and all help is greatly appreciated.

Thanks

Dave

The ERISA Regs on 404© say that you must disclose the plans investment manager(s). Who are the referring to in the case of a cross-fund platform 401(k) with several families of mutual funds selected by a registered investment advisor that does not actually manage the funds? can there be several different investment managers as that term is defined in ERISA?

I am trying to find some commonly used techniques for avoiding liability, and/or correcting liability for engaging in prohibited transactions. For clarity, the requirements seems to be that the fiduciary knows or has reason to know that he is engaging in a prohibited transaction. What is the potential liability I can face for engaging in this activity? What techniques are plan administrators using to make sure they are in compliance, and, if applicable, correcting a problem w/o liability? Especially, with the DOL 2001 Advisory Opinion, how do I make certain I am not incorrectly charging the plan, and if I am, how can I avoid liability while correcting the problem? What is my potential liability? What do I need to do?

Any and all help is needed?

Thanks

Dave

If a company is establishing a new ESOP (with plan year and Company fiscal year end of June 30) is there a requirement somewhere (I swear I read one and it may be a Tax Credit Employee Stock Ownership Plan requirement) that would require the trust to be funded PRIOR to the time required by 404(a)?

Any help would be greatly appreciated.

Thanks

I have a 401(k) and an ESOP plan of the same Employer. For 415 testing purposes, the ESOP has an Limitation Year of 10/1-9/30 (its Plan Year), while the 401(k) has a calendar year limitation year (its Plan Year).

Shouldn't these two plans be tested together, but with differing Limitation Years, not sure how to accomplish this smoothly, if at all.

Any feedback will certainly be appreciated.

Thank you,

Andmik

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?