I have been doing way too much reading lately and I can't seem to remember where I saw this. It was a recent case finding against an employer who deducted the amount of the employee's borrowed vacation time. Does this sound familiar to anyone?

Thanks for your help!!

how do you handle the matter of someone wanting to drop health care coverage in mid-year? someone wanting to buying a house wants to drop coverage to keep premiums. he thinks he can re-enroll in july at open enrollment. this isn't allowed is it?

Is it possible to amend a money purchase plan to allow employee contributions? Or does this type of plan only allow employer contributions? Is it be possible in a money purchase plan to waive a one year eligibility requirement for new employees so that the employee is given the employers contribution as soon as the worker is hired? If yes, what needs to be implemented and who needs to implement such a waiver?

In November, 1999, Employer approached Employee A and offered Employee A the opportunity to defer a significant portion of his 1999 compensation to a future date. If Employee A agreed to the deferral, Employer would triple deferral and use to purchase stock options for Employer's publicly traded stock. Employee agreed to the deferral, signed election in 11/99 and now owns stock options. Question: Was initial election to defer 1999 compensation timely made or was Employee A already in constructive receipt of the income at the time of the election.

Can anyone tell me if a 2nd initial COBRA letter needs to be sent when a new health plan has been put into place? We have a number of employees who have recived the initial COBRA notificiation when they 1st enrolled but now the company has switched to a new health plan. I am unsure as to whether the 1st notificaiton is sufficient to inform then and their dependends of their right to COBRA under the new plan. Help! Thank you!

If a significant operational failure occurs in several consecutive plan years, is there a separate two year correction period under APRSC for each plan year or should the failures be corrected by the end of the second plan year after the first plan year for which the failure occurred?

A number of client follow Best Practices and "100 Best Companies" at which to work. Voluntary benefits are a discussion item. What % of all companies offer vb?

An s-corp terminated their 401(k) plan. Can they start another 401(k) Plan? Are there any limitations?

I am planning buy the house (First-time) in next 3-4 month. Is it possible for me to invest $4000 (For me and my wife) in Roth IRA in January and withdraw it after 3-4 months for buying house? I already have traditional IRA account , but it has only $4000, can I combine this new ROTH IRA account withold Traditional IRA account (total $8000) and take the money out for home buying?

Thanks a lot!

Manoj

We have a cafeteria plan that earned interest on the funds placed in an interest bearing checking account. The administration is done internally and there are no fees. Also, no employees terminated so there were no expenses for the employer. Basically, everything is even except for the checkbook interest. What is the proper use/disposition of the interest amount.

Thanks for you help

TCAT

I have noticed in different insurance requirements and other regulartions that 50 lives are needed for compliance. Is there anyplace where the definition of 50 lives is? Is it just full time employees or a combination of full, part, temporary etc?

Thanks for your help.

Can a plan be terminated and then all assets are transferred to another plan of the employer? Must the participants be given an option of taking a distribution from the terminated plan?

Last I heard (Oct) on this one, that they were still working on adding the ability to use 35,000 for non calendar year plans.

The only work around I know:

Plan Specs: code other plan type as DEFINED CONTRIBUTION

(1st screen in plan specs)

Census: other plan(s)[benefits/Contributions Screen,Plan YTD Amounts] enter a negative value.

employees with comp

employees comp > 140,000 enter -5000

otherwise take (comp -120,000) * .25

sorry, its the best I can come up with.

It's a bother, but it works, and I guess there are not a lot of ees you have to worry about.

..........

with service pack 2 they added a report 415.rpt

it is hardcoded at 30,000.

replace the 30000 figure with PLANSTAT.MAXANNADDAMT

you will have to add PLANSTAT to the report.

I have a custom allocation report that will check for 415 (however it will indicate ee is over 415 limit because I can't pull 35000 for non calendar plans. for calendar year plan it should work properly - depending on what the limit is) I have to get the guy in house to add them to our web site if any onbe is interested in using this report.

I have a plan, 50/50 owners of company covered, no employees. They have split up. One partner starts a new corporation and wants to start a new plan. I want to include service for old co. in the calculation of benefits for new co. plan. Using service for eligibility or vesting is moot, new co. has no employees either, only owner.

Is 50% ownership of old co. sufficient to allow incorporating for years of participation? Seems likely to me, but i don't know where to look.

Is 50% ownership of old co. sufficient to allow incorporation of salary history? Seems unlikely.

Thanks for any hints anyone might have.

Can contributions to an Roth IRA be pre-taxed

A profit sharing plan covering both HCEs and NHCEs is being restated for GUST. The Corporate Resolution and the signature page of the new document were signed December 28, 2000. The effective date of the restatement was set as January 1, 2001 because the employer wanted to add a 401(K) feature for the whole of 2001. Are there regulations mandating that a certain amount of time elapse between the adoption of an amendment and its effective date in such a circumstance, i.e., will the timing of the above execution allow the new document to be valid as of 1/1/2001?

Our Company is interested in beginning a PTO program (sick leave, vacation, personal days). I've looked all over the web for a simple plan based on assigning X amount of hours on the EMPLOYEE'S ANNIVERSARY DATE instead of the normal accrual policy. Does anyone out there do this? Thanks!

My agent represents both Oppenheimer and Nationwide. He says i should put my new 403b contributions into Oppenheimer because even though their funds are load, it will end up costing me less than Nationwide's variable annuity fees. Can this be true?

A stock option plan for a publicly-traded company provides that 5,000,000 shares are reserved for options, and that no more than 1,000,000 shares can be granted to any employee during the 10-year term of the plan. In order to comply with Section 162(m), the plan was approved by the shareholders shortly after it was adopted.

The company wants to amend the plan to increase the number of shares reserved to 10,000,000. The maximum number of shares than can be granted to any employee will stay the same. Is shareholder approval of the amendment required under Section 162(m)?

In the case of a person who has a balance in a plan because the person is an alternate payee of a QDRO, the required minimum distribution rules apply. Whose age is used, the original participant or the alternate payee?