Can a participant receive a mathcing contribution if he took a hardship withdrawl during the year that included his current year deferrals?

The document is individually drafted and does not address the issue.

A professional corporation is considering establishing an ESOP. However, in our state (Cal.), shares of stock in a professional corporation may only be issued to licensed persons. This of course begs the question "Can a professional corporation have an ESOP?" since non-licensed employees would be participants under the ESOP and would, arguably, "own" shares of stock in the corporation. If the terms of the ESOP provide that only licensed persons may serve as trustee of the ESOP (reasoning that the shares are actually "owned" by the trustee, not the participants) and that distributions will only be made in cash (not stock) (corporation's articles restrict ownership to employees or 401(a) trust), does ESOP comply with this state law restriction?

After 14 months on the job, covered by company insurance plan, I raised a question about the premium amt. This inquiry revealed that the employer was in error and that no premium was ever deducted from paycheck. The manager presented me with a memo suggesting we discuss how to repay. This discussion never took place, although I responded with a memo. The following pay, the standard amt was deducted. The next 2 months I discovered that the employer took 3 times the std. amt. from my paycheck without ever consulting me. Is this legal? He is also refusing to reimburse my expense reports to recover this "debt" which he strongly feels I owe.

I'm the one who pointed out the error, and was willing to discuss how to resolve it. Does a time limit apply to how far back he can try to take repayment for HIS error?

Please share, thanks

I have recently been told about roth ira and I am trying

to find information about rules regulating rolling over

a 401k plan then withdrawing the funds for the purpose of

first time home buyer. I am very new to this and know

nothing at all about roth ira. Any help with this would be

greatly appriciated.'

thanks!!!

Am looking for providers of an "integrated" SEP (which must be on a prototype SEP document versus IRS Form 5305-SEP) with which readers have had experience.

Thanks for any and all responses.

I want to roll over my 401-k How much do I have to add to the each month or year? This is a fact finding mission on my part. Thank you.

An employee age 54 terminates in 1999 with an account balance of $2000. During 1999, the plan issues him a check for $1600 (his full account balance net of 20% withholding) which the employee never cashes.

In January 2000, the plan issues a 1099R showing the distribution ($2000), withholding ($400) and that no exceptions to the 10% early withdrawal penalty apply.

In December 2000, after attaining age age 55, the employee reappears and requests a replacement check.

Which of the following responses do you think are permitted:

(1) Leave the original 1099R alone and reissue the net check (and don't issue a new 1099R for that second check).

(2) Amend the original 1099R to indicate a $400 distribution and $400 withholding actually made, issue a new check for $1240 and issue a new 1099R the following January indicating the $1600 distribution with $360 withholding and no longer subject to the 10% penalty.

(3) Amend the original 1099R to indicate a $0 distribution but $400 withholding, issue a new check for $1600 (no withholding) and issue a new 1099R the following January indicating the $1600 distribution with no withholding or 10% penalty.

Is anyone familiar with the application of COBRA to an employer that has a contract with a professional employer organization ("PEO"), pursuant to which the employer and the PEO are "co-employers"? Specifically, my question is:

Does the termination of a PEO contract in and of itself give rise to a termination of employment for COBRA qualifying event purposes? What if the employer will provide full health insurance through a different carrier after the PEO is terminated?

Thanks in advance.

Hello,

I have already filed my 2000 tax return. Can I still open a new Roth IRA for the tax year 2000? I know I have till April something to open for 2000, just wondering if I am eligible or not.

Thanks!

--Michael

Has anyone dealt with a plan in which participant loans were treated as plan assets and the interest paid on the loan was shared by all participants in the same way as any other general investment of the trust?

Is this allowable?

Is this treatment of participant loans specified in either the loan policy or the plan document?

What other information is important if participant loans are treated as an investment of the plan rather than of the participant with the loan?

Can anyone answer this?? Here is the scenario: Employee retires, thus a qualifying event occurs. Employee selects retiree medical and dental plans for self & family. Then, spouse decides to opt for the COBRA continuation of coverage (for self only) because it provides a much higher level of coverage for an upcoming operation. Plan administrator , upon receiving spouses election then terminates spouse from the retiree plan which was in effect prior to the election of cobra. Is the administrator correct in terminating the retiree benefit and if so, does this termination create a second qualifying event??

Thanks.

Retiree and spouse are 55. (this was an early retirement option)

My parents started a Roth IRA for me a couple of years ago. I have since started working for a company that has a Simple IRA plan. Now, I am contributing to that on my own. My parents are still contributing the $2000 to the Roth on my behalf.

I am concerned now that I should not be in both. It has made me a bit uneasy, as I seem to find conflicting information.....please help!

Thank you for your time.

One of the most commonly asked questions in the non-qualified deferred comp arena deals with deductions available to the stockholders of a sub "s" entity. I know that a REBA plan is available to employees of this company and possibly giving a tax break to the pass through entity because of the bonus arrangement but is there any way the stockholder(s)could set up a REBA type plan in order to have a tax deduction for themselves? I keep running into entites looking for current pass through deductions for themselves in the sub s environment.

Does the government allow retirement and/or insurance SPD's to be published electronically now, rather than distributing a paper copy to new enrollees, etc? (I would assume that a paper copy still needs to be provided on request.)

If this is allowable, what type of notice needs to be provided to employees?

S corp has a SEP IRA. Can the client set up a SEP IRA with a new financial institution and transfer the old SEP money to the new SEP account?

The organization I work for has had a long practice of paying 100% of the health insurance costs for the employee. Employees pay a portion of the premiums for dependent coverage. With the rising cost of health care, it has been suggested that we start to charge employees not only for dependent coverage but to cover themselves as well. Employees have begun to claim that they have a contract (nothing written) that they are to receive individual health coverage at no cost for ever and ever. Has anyone gone from not charging employees to charging them? What has been your experiences? Have you found any relavent laws/cases that prevent charging? Has anyone ever heard of an organization that can not charge for individuals for health coverage?

Some time ago there was some proposed legislation that would permit the rollover of 457 plans (governmental) to IRAs. I read some exchanges on the topic in the bulletin boards. The discussion seems to be over a year old. It is my understanding that the legislation was not passed.

Are there any new developments or any anticipated developments regarding rollover of 457 to IRAs?

Can a company of less than 10 employees offer medical and dental benefits to only selected employees of the same job category? (new york state)

I terminated my position with my employer on 12/5/00. I still have not received any information from them concerning cobra. I did call them several times and asked when I would receive my cobra information. They have told me that I must wait until I hear from them. I have called and my insurance is still in effect. How long does an employer have to notify a terminated employee about cobra? Can they back date my policy and not pay any claims that are coming through? any help on this would be appreciated.

I am trying to allocate matching forfeitures. Only those who deferred should be receiving a forfeiture, but it is allocating forfeitures to everyone. I have the basis for forfeiture allocation to be "in the same manner as employer contribution", which I took to mean whatever employer contribution I was forfeiting, in this case being the matching employer contribution. I also have the basis for matching contributions on the Allocation Provision screen to be YTD deferrals. Any guidance???