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    Allowed Roth Assets

    Guest Sherman Baggett
    By Guest Sherman Baggett,

    I am looking for a list of "allowed assets" or "allowed holdings " for a ROTH self directed IRA.

    Or a list of prohibited assets.

    Thanks


    Vesting issues when company B buys part of company A.

    Guest michaelv
    By Guest michaelv,

    Company A sells investments for retirement plans, and performs the administration as well. That is, until company A decided to sell all of the admin. portion of their business to Company B, who is unrelated to company A.

    The small group of employees of Company A, who did the admininstration were offered jobs with company B, to do the same thing they were doing at company A (but at a different location), working on the same clients, preparing the same type of work, etc. Otherwise, they would be out of a job, since Company A had no work for them.

    Assume all of these affected employees were less than 100% vested in Company A's 401(k) Plan. Company B will not recognize service with Company A for any retirement plan purposes for Company B.

    Other than for reasons of a possible partial plan termination of Company A's plan, would there be any reason why these employees should be fully vested in company A's plans? Any out-of-the-ordinary rules concerning their distributions from Company A's plan?

    Thanks


    TERMINATED INELIGIBLES IN RELIUS

    pmacduff
    By pmacduff,

    I am working on a plan for an employer who, due to the nature of the business, has many employees who terminate before becoming eligible. The prior plan category was "ineligible" and reason not eligible was "fails hours requirement". When I enter the termination date and status of terminated; the system does not change the plan category and reason not eligible to terminated. Why? I liked the software that we used before because it actually had a status for "terminated before becoming eligible to participate". I also manually changed the plan category and reason not eligible for a terminee and after running eligibility, the software changed both of these back to "ineligible" and "fails hours requirement". I would like these employees to show on the Census Verification as terminated. Any ideas? Should I perhaps run eligibility once, reenter my overrides to category and reason, and then run eligibility again? Thanks for any input.


    Continuation of COBRA beyone 18 months.

    Guest DaveStover
    By Guest DaveStover,

    What are my rights to continue health insurance after the 18 month coverage of COBRA? My current job does not offer group insurance. I was layed off in March 1998 and was never informed of being on a COBRA plan. I was able to continue group coverage (paid by me) from the layed off company, but it stated that this was employee continuation health insurance coverage. On April 20, 2001 the insurance notified me that they made a mistake and my COBRA should have ended on Jan 1, 1999. The insurance company is only giving me 30 days notice and will end COBRA coverage on June 1, 2001. What are my alternatives to either extend coverage or find another provider by June 1st?


    I want to set up a 401a plan for matching contributions to a 457 plan,

    Guest nicdaryl
    By Guest nicdaryl,

    Can anyone explain 401(a) plans? I understand you can use this plan with a 457 plan for employer matches, however, when I called a couple mutual fund companies they have "never heard of such a plan". Are there any investments that can not be used in the 401a? I'm just feeling dumb calling all these places and no one has heard of this, where can I go? I am in Missouri.


    I want to set up a 401a plan for matching contributions to a 457 plan,

    Guest nicdaryl
    By Guest nicdaryl,

    Can anyone explain 401(a) plans? I understand you can use this plan with a 457 plan for employer matches, however, when I called a couple mutual fund companies they have "never heard of such a plan". Are there any investments that can not be used in the 401a? I'm just feeling dumb calling all these places and no one has heard of this, where can I go? I am in Missouri.


    Successor plan does not want to accept deferrals from acquired plan du

    Guest LMalone
    By Guest LMalone,

    Company A acquired Company B. Both have 401(k) plans. Company B's plan was not terminated prior to the acquisition. Company B employees are now participating in Company A's plan, and Company B's plan is inactive, awaiting some sort of disposition.

    Company A has now learned that Company B's plan has big problems, definitely some prohibited transactions, possibly disqualification issues.

    Company A's plan does not want to accept any portion of the assets in Company B's plan, but may be forced to accept at least the elective deferrals in a trustee-to-trustee transfer since A's plan is a successor plan.

    Can anything be done with B's deferrals other than transferring them to A's plan?

    Thanks.


    When determining who is an excludable employee under 410(b), which com

    John A
    By John A,

    In a plan that covers only Salaried employees, can Hourly employees be excludable due to 500 hour/ last day rule?

    If an Hourly employee has satisfied the age/service/entry date requirements for the plan, but terminates employment with less than 500 hours in a plan with a last day requirement for a contribution, is the employee excludable?

    The rule seems to be that the 500 hour/ last day rule can only be used to make an employee excludable if the employee does not get a contribution "solely" because of the failure to meet one of those requirements. Since the plan described above would cause the employee to not get a contribution because of being Hourly, that would seem to indicate the employee should be includable.

    However, some sources seem to indicate that the 500 hour/last day rule can be applied before considering any other reasons like employee classifications.


    Capitated payments to Providers by self-funded health plan

    jeanine
    By jeanine,

    Self-funded company wants to try to control costs by capitating payments to providers. Asks the TPA (which provides a network of preferred providers) to negotiate a capitation scheme that other self-funded payors will use as well.

    Is this allowable? If it is allowable, what is it considered? I don't think this is an insurance arrangement but I don't know. Comments?


    LAID OFF--need 401K to IRA advice!!

    Guest cviars
    By Guest cviars,

    I just found out that I will be laid off in August (After I train my replacement) due to a recent acquisition of another firm. Although my vested balance is not a lot, less than 5K, I dread the thought of paying taxes if I opted for a full disbursement. I am a full time student as well and I think I will be taking the next few months off of work so I will not be able to rollover to a new plan. I was considering rolling it over to a Roth IRA and hoped that someone could give me some suggestions for doing so. I really don't know a lot about the procedures and didn't want to sound like an idiot in my appointment with a financial advisor. Any Feedback is appreciated!!


    Is cosmetic dentistry an allowable expense under a medical FSA?

    Mary C
    By Mary C,

    Other than Publication 502, does anyone know of any other information regarding expenses that can be reimbursed under a medical FSA? Specifically, we are receiving questions regarding cosmetic dentistry - such as bleaching, caps, bonding, etc. Since cosmetic surgery isn't an allowable expense, is cosmetic dentistry? Any ideas on how we could determine if caps are cosmetic or not?

    Mary


    FICA wages used for SSLI payment option

    Guest nic
    By Guest nic,

    I'm working with a pension plan that includes a social security level income option form of payment. This provision is an old grandfathered optional form of payment, and, you guessed it, I don't have access to that prior plan document.

    What I need to know is - does 'the law' require that we give the participant the right to submit either actual FICA wages or a copy the Social Security Award letter to use in calculating the optional form of payment?

    Thanks.


    Can an employer allow a participant to have a Self-Directed account &q

    John A
    By John A,

    Can an employer allow a participant to have a Self-Directed account "frozen" to any new money, and not allow the rest of the employees to have one? Any cite?


    Cobra misunderstanding !

    Guest Mike Cardone
    By Guest Mike Cardone,

    My wife is a nurse and was injuried at work. We have been paying our health insurance to the hospital since June of 2000. As of April 2001 my wife received a certified letter terminating her employment with the hospital. We then received the forms for Cobra. On the form is a termination date. We contacted the hospital and they informed us that they would input the date. They said our Cobra payments started in June 2000 and will be ending November of 2001. My understanding is that Cobra starts after termination, not unable to work under Doctors orders. We have never signed anything from the hospital pertaining to Cobra. Do we have grounds to fight this?


    Can you "merge" a county hospital authority cash balance pen

    Guest Elizabeth R. Cook
    By Guest Elizabeth R. Cook,

    County hospital authority had a defined benefit plan that was convered into a cash balance pension plan many years ago. Effective 1/1/99, assets of cash balance plan were transferred to new profit sharing plan. Accounts in cash balance plan were fully vested, but no annuities were purchased to fund benefits and participants were not given an election to receive a distribution from the cash balance plan. Instead, assets were transferred "en masse" to trustee of PSP plan. The old cash balance assets in the PSP are not subject to payment in the form of required survivor annuities. PSP doesn't even mention the old cash balance plan. We were retained to update PSP for GUST. However, I am reluctant to do so because I do not know "how" the cash balance assets were transferred to the PSP in the first place. I know the cash balance plan was not subject to PBGC standard termination filing, but I didn't think you could simply turn a defined benefit plan into a defined contribution plan. Certainly can't do that with a single employer plan. Can one argue that cash balance plan was merged into the PSP? That argument would not "work" for non government plan because a merger of a DB plan into a DC plan is a de facto termination of the DB plan and when a DB plan is terminated (de facto or "regular") one must make distributions or purchase annuities to provide the distributions. Any ideas on the authority for transferring the assets from the cash balance plan to the PSP? Authority for elimininating the annuity form of distribution?


    Can a disassociated priest use the parsonage allowance exclusion found

    Guest Nicolle Zeman-Bonnett
    By Guest Nicolle Zeman-Bonnett,

    Does anybody know the IRS position as to whether a retired "disassociated priest" (for example, one who left the church with permission to get married) can use the parsonage allowance exclusion under Code 107?

    I know that "retired ministers" are eligible for the parsonage allowance exclusion under Code 107; however, I could not find in any of my research whether the term "retired minister" includes a disassociated priest. Would a disassociated priest be considered ineligible because he is no longer a "minister of the gospel" (i.e., he can no longer celebrate Mass or perform other "ordinary duties of a minister of the gospel")? Or would a disassociated priest be eligible for the exclusion because the parsonage allowance is paid as compensation for past services which were "ordinary duties of a minister of the gospel"?

    Thanks in advance for any insights.


    Direct Rollover Gone Stale: Taxable Distribution?

    Guest 1950
    By Guest 1950,

    Strange, but true: Former HCE requested direct rollover distribution from plan to conduit IRA. Balance much > $5K. Check properly written and sent to custodian (small bank), but 6 months later not cashed. TPA cancels payment on stale check and reissues payable to custodian of IRA FBO Mr. HCE, as originally requested and remails. Check returned a month later by post office: Addressee unknown. (The custodian was aquired, changed names or went away -- we don't know.) Sent certified letters to former HCE asking what's up/what to do. Green cards come back, but no response. He's not missing, just not talking. (Probably just to mess with me.)

    TPA says it's a taxable distribution because it missed the 60-day window on rollovers. Proposes to send 1099R for 2000 (date of original check) and put funds into plan's forfeiture account and offer to restore account if/when requested.

    That seems wrong to me. Before you get to the question of whether 60-day limit applies to direct rollover, you have to decide if there has been a "distribution to the distributee". If not, there can't be taxable income and money should go back (or stay??) in former HCEs account and remain invested per his prior instructions, subject to plan rules, etc. I say there's been no distribution because (1) he didn't actually receive the money (check wasn't payable to him and he didn't receive it), (2) no constructive receipt (we can't make him take and he hasn't asked), and (3) no payment to/for his benefit or receipt by his agent or assignee, etc.

    Problem: TPA has been using that procedure on NHCEs and is loath to change it now just because we noticed it on a much bigger amount.

    If anyone's got some guidance here, please bring it on.


    Can a retirement plan by adopted by only one of two corporations owned

    Guest Pat Metallic
    By Guest Pat Metallic,

    If an individual owns 2 corporations, can a qualified retirement plan be adopted for only one of the corporations?


    top heavy plan with no employer discretionary profit sharing contribut

    Guest ROB VIDOVICH
    By Guest ROB VIDOVICH,

    I have a profit sharing plan which added a coda feature and an employer match provision to the plan effective 3/1/2000 (First day of Plan Year). This plan was top heavy for the 2000 Plan Year and is top heavy for 2001. The Company did not make any discretionary employer contributions last plan year and they did not for the 2001 plan year (2/28/01). The plan is already using a top heavy vesting schedule, and for the 2001 plan year refunds of excess contributions and excess aggregate contributons are required. Since the employer made matching contributions to the plan will they be required to make an additional top heavy contribution for the 2001 plan year???

    If so, will I have to look at the matching percentages of all the non-key employees who received matching contributions?????


    SPD compliance- Does it really matter? What are the liabilites and ar

    Guest PALAWYER
    By Guest PALAWYER,

    Assume a ERISA Welfare Plan sponsor does not revise its SPD and PLan to include the new claims procedures, etc. Assume the SPD is completely non-compliant. Moreover, assume the Plan never decides a benefit claim and always denies claims by default- (ie making no decision within the time periods set forth in the regulations).

    What is the liability (other then paying benefits due and legal fees if a participant sues or if a participant requests and spd in writing and one is not provided as required)

    I am trying to see what the motivation is for an employer to spend dollars to fix SPD and Plan documents if the risks are relatively small. Please comment on the risks.


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