A profit sharing plan has participant-directed investments. The business owner makes his 35K ctb prior to the end of the year to take advantage of tax-deferred investment gain. The employees' contributions are made after the end of the year, when comp, eligibilty, coverage issues, etc. are resolved. Thus, employees don't receive investment gains on contributions to the same extent. Is this practice considered discriminatory?

I am a home health nurse who is required to use my own personal car for my work. Last week my car was damaged while I had it parked at a hospital I was delivering a patient's blood sample to. It was a "hit and run" accident so, my car insurance won't increase. My employer says they won't pay the deductible, that the mileage reimbursement I receive covers "wear and tear" on my vehicle. I don't consider a dented front quarter panel and hood "wear and tear". I feel the company should pay the deductible. Who's right? I live in the state of Oregon.

can withdrawals be made from a traditional ira that is

set up on equal monthly withdrawals on the 72t plan?

A public employee retirement system operates an employer funded DB pension fund and an employee funded DC pension fund. The employee funds the DC account through required 414(h) payroll contributions. The RS offers only 2 investment vehicles: a guaranteed interest rate and an equities fund. One may change their investment only once per year and transfer accumulations over either a 12 month or 36 month period. Upon retirement the DC account balance must be annuitized over the retiree's lifetime.

Can a case be made for breach of fiduciary responsibility for: 1. Not giving the participant a meaningful choice of investment vehicles? 2. Not affording the participants the right to change their investment more often than once per year? 3. Not affording the participants the right to transfer accumulations among the options in a lump-sum?

I am currently reviewing two plans, that I believe may have a compliance issue. This client has two plans one is for the bargained employees and the other is for the non-bargained employees. Historically, when a participant changes status from a bargained employee to non-bargained or vice versa, the administrator would transfer the assets between the two plans. This would include outstanding loans as well.

I didn't think this was permissible. I see nothing in the document to allow for this transfer between the plans. Am I missing something? Does anyone have any ideas where I can research this further?

Has anyone been involved in setting up an association plan for medical, dental etc?

If an employer decided to eliminate their 401(k) match, what impact does this have on vesting? Would it trigger vesting so that you would have to immediately vest everyone currently in the plan?

How about if you were to reduce the match, would that trigger vesting?

Is it a requirement for employees to have to submit an actual receipt of medical expenses to receive a reimbursement under a FSA, or can they submit a bill they received? In other words, do they have to have actually paid the bill, or can they receive the reimbursement before paying the bill?

As a result of a business merger, two unrelated 401(k) plans merged (plan A and L), effective 1/1/2000, with plan A surviving. The participants of plan L were eligible to participate in plan A effective on the date of merger.

For HCE determination, do I need to consider the look back year of plan L? (some owners of the employer of plan L are not owners of the sponsor of plan A).

Any help would be appreciated.

Thanks

If the initial plan year is the calendar year, but the deferrals were allowed starting March 1, is compensation for the full year used in testing, or is compensation from March 1 on used?

Is there a way to reform missed FICA payments on non-qualified deferred comp. in order to take advantage of the special timing rule and non-duplication rule? The final regs' preamble refers to penalties and interest, but it is unclear whether paying these then gets me back within the special timing rule. It also seems there is a time limit on making retro. FICA payments. Thanks.

Does anyone know if it is permissible for an employee to have a graduated matching contribution plan according to tenure with the company? For instance, paying 25% up to 4% for 2-5 years of service, 50% up to 4% for 5-10 years. etc. How will the nondiscrimination rules affect such a plan?

On March 1, 2001 my former employer informed me (by email) of a 46% price increase for my COBRA health ins that was retroactive back to Jan 1, 2001. They want me to pay the increase for the past three months even though I had not been notified. Is it legal for them to do that?

As a result of IRS sec. 415©(3)(D), if an employee has contibuted the maximum to either a 403(B) or 401k, can he/she still contibute to a salary reduction plan under the Qualified Transportation Plan ?

I'm new at this. Can I have more than one (1) Roth IRA???

Thanks

I have received FORM 1065 (Substitute Schedule K-1), from Partner's Share of Income, Credits, Deductions, etc, as a result of ROE from ROTH IRA investment. Since Taxes are not required; do I just ignore the form?

Lets say you have a client that is a golf course, which employs about 200 part-time staff throughout each year. They have a 3-month eligibility requirement, so most of these employees are eligible. Very few participate. The course considers them still employed on 12-31, since most will be coming back to work in the spring. Question is - what is my number of participants at the end of the year? You could make an argument that I have over 100, since there are that many that are eligible. In the whole plan, there are about 30 who make contributions. I'm looking for a way to keep the number under 100, to avoid an audit. Any thoughts?

Has anyone been lucky enough to have their COBRA coverage extended beyond the statutory period? Or has any corporation out there been generous enough to extend coverage beyond the statutory period? COBRA does not prohibit plans from offering continuation health coverage that goes beyond the COBRA periods but I'm wondering how likely a company would continue coverage and under what circumstances. Thank you.

A major corporation has been very lax in sending out their COBRA notification letters. This is causing insurance elibigility problems. What is the procedure for having fines levied upon this corporation by the federal government. It seems this is the only way they will take notice.

I am looking for recomendations regarding software to use to value small(<100 participant) defined benefit plans. Could you please give me contact information for the software provider?

I am also curious about what it costs.

Thanks