Is compensation for a premium only plan before or after FICA and FUTA??

I received a call today about a pension plan that was "terminated" back in 1993. The person who called me said that he is not sure that a PBGC Form 500 had ever been filed. Is there any way to anonymously check (maybe via the internet) to see if the PGCG ever received this filing?

An individually designed 401(k) plan has been amended for GUST, but has not been submitted to the IRS for a favorable determination letter. Plan was amended to provide for prior year testing for ADP/ACP testing. Plan administrator is now doing ADP/ACP testing for the plan year that ended 6-30-2000. Plan fails the ADP/ACP tests based on the prior year testing, but would pass if current year testing were used.

Because we are still in the GUST remedial amendment period can we amend the plan to provide for current year testing for the 2000 plan year only?

What kinds of things will directly affect Cafeteria Plans with the Privacy Issues of the Gramm-Leach-Bliley Act?

Any practical information you can share will be helpful.

Shawn Bailor

Cafeteria Plan Client Representative

225-926-6370

Baton Rouge, LA

IRS analysis of Rev. Ruling 2000-27 reveals that a transferred employee does not continue to work for the same trade or business if less than substantially all the assets of a trade or business are sold to an unrelated employer. Thus, 401(k) assets may be distributed. As a result of this Rev. Ruling, is such an employer now REQUIRED to offer distributions to the transferred employees? Can the option/right be withheld? If distributions are offered, does the plan have to be amended in any way to allow for this type of distribution? Do any plan-to-plan transfer restrictions from the seller's plan to the buyer's plan apply under the Rev. Ruling?

A non-5% owner may defer (assuming document allows) age 70 1/2 distributions until after retirement. What if a full-time salaried employee reduces down to 5 hours per week? How about 1 hour per month? At what point is the person considered retired or separated from service?

I couldn't find anything in the plethora of IRS Notices released back in 1996 and 97. Did I miss something?

When is the amount available for loan determined, when the participant calls to find out what is available, or when the analyst sits down to do the check?

The regs say ambiguously the amount is determined when the loan is made, without saying "when the loan is made" is.

Is there any statutory rule against the "one-year hold-out rule" for a rehired employee as applied to 401(k) deferrals? What happens if a 401(k) plan does have a one-year hold-out rule and the rehired employee participates retroactively? Is the plan sponsor then required to make QNEC contributions under self-correct for the rehired employees inability to defer during the hold-out period?

Widow was told that she is not entitled to the previously paid death benefit should have been paid to the employer instead. How did she get the money if she wasn't the beneficiary? Subsequently, the market dropped and she doesn't have it the original amount? Thus far, the non profit organization has not produced the documents that says she is not the beneficiary. Who is liable? What can she do? Does she have to pay for transfer fees also? They have treatened her with litigation. What does she do now?

Where can one fine the list of approved surety providers?

I was looking for a reference to min. coverage rules relative to a company having a dc and db plan.

An ESOP allows a distribution of company stock. What information is required from the participant in order to make this election? What options does the participant have (can the participant have the stock certificates mailed to a rollover institution)? Is there anything else that should be considered when distributing company stock from an ESOP?

A profit sharing plan currently has 1,000 hour along with a last day of plan yr. rule regarding eligibility for contribution and forfeiture. Last year the elig. requirement for ps contrb. was 500 hours only.

My question regards min. coverage testing. Do those who were eligible last year and now have a balance in the plan but are not eligible for a contrb. this year need to be included in the test?

We have an Esop plan that recently sold all of its stock. The only asset that is left in the plan is cash. Is the plan still an esop? Is there some correction or problems that this may have caused that we are not aware of?

We have a terminated participant in a 401(k) plan. The participant received a distribution and subsequently an additional deferral and match contribution. Thus the participant has small remaining balance. When I allocate losses to the participant Quantech leaves him with a negative vested balance. I know why it happens, but is there any way to prevent it?

What (if any) is the legal amount of time it should take to get monies paid to a 401k that has been cashed out????

If a temporary worker, who is working in US on H1 visa, contributes money to 401(k) plan, can he terminate the plan and get the money contributed by him, and his employer after his H1 visa expires and go back to his home country? Is there any penalty?

What (if any) is the legal amount of time it should take to receive monies from a 401k plan that has been closed out?

Am I reading the instructions correctly? You must file a 5500 for SIMPLE 401(k) but not for SIMPLE IRA Plans

Does DOL/PWBA (or IRS) provide a "template" or Q&A format for SPDs? If so, anyone know where I can find it (online)? I've checked the DOL, PWBA sites and haven't found it.