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    GIC's and Schedule D's

    Guest michaelv
    By Guest michaelv,

    Does anyone know if investing in a GIC would require the completion of a Schedule D?

    Thanks for your help!


    Does "exclusive purpose of providing health benefits to employees

    Guest Mike Pazzo
    By Guest Mike Pazzo,

    A multi-employer Welfare plan provides health benefits to employee - members only, not dependents. May the Welfare Fund pay to educate and enroll the members' dependents in government sponsored medicaid programs when the trust agreement specifically provides that contributions may only be used for the exclusive purpose of providing health benefits to employees?


    100% Vesting in Plan Merger for Terminated Employees

    Guest KB
    By Guest KB,

    Company A is merging with Company B. Company B's plan will merge into Company A's plan. Company B's plan document states that, upon a plan merger, account balances will be treated as if the plan is being terminated - hence, balances will become 100% vested. If there are terminated employees in Company B's plan who still maintain partially vested account balances, must ALL these balances be made 100% vested, or is there guidance on how far back one must go back to vest up? Only terms with less than 1 year break will be vested? 5 year break?


    Deferral of stock into nonqualified plan

    Guest Lori Basilico
    By Guest Lori Basilico,

    I read an article which discussed the ability of participants to defer the receipt of stock issued upon the exercise of non-qualified stock options into a non-qualified deferred compensation plan. Can this still be done? Also, can a participant defer the receipt of restricted stock received as a bonus into a deferred compensation plan?


    Does the same desk rule apply if the new and old employers are not rel

    John A
    By John A,

    If Company A hires all of the employees of Company B (all of whom terminated employment with Company b), but no sale or merger is involved, and the companies are not related (not a controlled group, affiliated service group, etc.), can the "same desk rule" apply? The employees continue to perform their same job duties, but now for a new, unrelated company and without any sale or merger.


    What is the definition of compensation for a SIMPLE IRA?

    Guest Cindy A. Steiner
    By Guest Cindy A. Steiner,

    What exactly is the definition of compensation under a 5304-SIMPLE plan if the employee participates in a Section 125 plan (for the employer adopting the SIMPLE)? Example: Gross Pay=$30,000, Sec. 125 withholding for daycare, medical spending, and insurance premiums=$10,000. Compensation subject to Federal Income Tax (before SIMPLE deductions) = $20,000.


    Does a waiver of benefits in a property settlement agreement constitut

    Guest Pat Parks
    By Guest Pat Parks,

    A participant had been separated from his wife for 10 years (not a legal separation). Recently the wife and participant started divorce proceedings and a property settlement agreement was filed with the court in which the wife waived her right to benefits (50% QPSA) under the husband's money purchase & 401(k) plans. The settlement agreement does not meet ERISA requirements for a waiver of benefits (no notary, witness etc). The husband designated a beneficiary other than the spouse (no spousal consent) and died before the divorce was completed. Does anyone know of any cases or theories which may be helpful to the designated beneficiary in establishing the waiver of benefits in the settlement agreement as a waiver of the QPSA?


    International Benefits

    Guest D Ziegler
    By Guest D Ziegler,

    What is a great International Benefits Survey? Are employers offering their Canadian employees medical insurance? Are employers offering their Korean employees dental insurance?


    Use of proprietary mutual funds by financial institutions and mutual f

    Guest Ann West
    By Guest Ann West,

    In light of the First Union and related lawsuits, I'm interested in finding out what financial institutions and mutual fund companies are doing with their own 401(k) Plans? Are most of them offering only their own mutual funds? Proprietary and non-proprietary funds? Do the mutual fund companies offer the whole family of funds to employees in their own 401(k) Plans or only a selection? Any ideas of where to go to find out this kind of information? I am striking out with the various consulting companies.


    Correction of Mistaken Deferrals

    Guest CMC
    By Guest CMC,

    A plan failed to prohibit participants from making elective deferrals during the 12-month period following their hardship withdrawals. The safe-harbor correction involves returning the mistaken deferrals. But how do you implement this correction with respect to participants who have already terminated and taken a distribution of their mistaken deferrals?


    PC / Internet Access Benefit

    Guest Meg H
    By Guest Meg H,

    Has anyone out there worked with a program where the employer pays for or subsidizes the purchase of a PC / internet access for employees? (like Ford, Delta, etc. have implemented) I'm looking for general information on program guidelines and associated costs.

    Thanks!


    Can matching contributions made through part of the plan year be recha

    Guest Pat Metallic
    By Guest Pat Metallic,

    An employer has a discretionary match that maximizes at 3% of compensation. He has made this contribution for his employees during the first four months of this plan year. He has a discretionary profit sharing provision that he has not been using. The plan is top-heavy.

    He is going to drop the match and initiate a 3% discretionary profit sharing contribution to maintain the same percent of pay for the participants while satisfying the top-heavy minimum. He does not implement a Board of Directors resolution to communicate either types of discretionary contributions.

    Is there a problem to view or recharacterize the first four months of employer contributions as profit sharing contributions rather than matching contributions. Both types of employer contributions have the same eligibility requirements and vesting provisions.


    Federal Income Tax Treatment of Investment Advisory Fee Withdrawals?

    Guest rrocket61
    By Guest rrocket61,

    Are withdrawals from 401(k)s to pay for Investment Advisor Fees on that account considered taxable income and subject to any 10% early withdrawal penalty?


    Federal Income Tax Treatment of Investment Advisor Fee Withdrawals?

    Guest rrocket61
    By Guest rrocket61,

    Are withdrawals from IRAs (Roth or Conventional) to pay for Investment Advisor Fees on that account considered taxable income and subject to the 10% early withdrawal penalty?


    Federal Tax Treatment of Investment Advisor Fees?

    Guest rrocket61
    By Guest rrocket61,

    Are withdrawals from IRAs (Roth or Conventional) to pay for Investment Advisor Fees on that account considered taxable income and subject to the 10% early withdrawal penalty?


    Are there any laws or guidelines on allowing part time employees to pa

    Guest ladonna
    By Guest ladonna,

    My employer currently offers health insurance coverage for all full time employees at no expense to them. We have a part time employee that has been employed with our company for a long period of time, and wishes to be placed on the company insurance. The part time employee is willing to pay for her insurance premium in full. We are located in Florida and desperatley searching for infomation on this situation. Are there any articles that would clarify this issue? I have previously been told that as long as we make it standard practice to provide part timers benefits if they wish to pay for them then we are not in violation of any laws or regulations. However we have not found this in writing. Any advise will be appreciated


    Audit Requirements

    Guest lforesz
    By Guest lforesz,

    A new plan is effective January 1, 2000 and allows for immediate eligibility for anyone employed on the effective date of the plan. Accordingly, there are 112 participants as of the first day of the plan year. I informed the client that an audit will be required, however, they are disagreeing. Can someone please confirm that I am not off base here. Many thanks!


    Do we have a Multiple Employer plan?

    Guest willoughby
    By Guest willoughby,

    My company may be acquiring a 60% ownership in another company in a stock deal. If we let the target's employees into our 401(k) plan, will we create a multiple employer plan? Is there a bright line rule for determining when a multiple employer plan exists?


    Responsibilities of self-funded employers?

    Guest KLHermann
    By Guest KLHermann,

    What are the obligations of an employer, with what appears to be a self-funded health insurance plan, after the company goes out of business?


    Inability to obtain Social Security Determination for Extended Coverag

    Guest Cindy Shupe
    By Guest Cindy Shupe,

    Can the 29 month extended period of COBRA coverage be required for a potentially disabled adult qualifying beneficiary (spouse of employee) who is unable to obtain a Social Security disability determination of disability because she has not contributed to the Social Security system for a sufficient number of quarters due to employment with a state government which does not participate in the Social Security System? If so, who makes the disability determination? Assume all the other parameters for the extended period of coverage can be met (e.g. disability determined to exist within 60 days of the qualifying event, etc.).


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