I have a client with a 401(k) profit sharing plan (a prototype plan) and he wishes to terminate this plan and start a SIMPLE IRA Plan. Should he file for a determination letter with the IRS? The prototype plan was adopted in 1/1/99.

Also, I was wondering if it was possible to start up the SIMPLE plan and then merge the profit sharing plan into it?

It seems that would be simpler.

Thanks for any help you can provide.

A terminated participant who reached NRA was given the paperwork to process her benefit from a DB plan. Subsequently she died (a couple of years later) before returning the paperwork. Is the plan obligated to pay back payments of the 50% J&S benefit from NRA to date of death to her estate (assuming she was married)? If not, does the spousal death benefit have to be based on the accrued benefit with an actuarial increase from NRA to date of death?

Can a Governmental Money Purchase Plan allow for in-service distributions of vested employer accounts. If they can, are they subject to the general profit sharing type rules that the money must have been in the plan for 2 years or 5 years of participation?

We prepare statements on a cash basis. Has anyone developed a contribution analysis report on a cash instead of accrual basis?

My situation is after i was injured on a govornmental

job, and forced out on disability my spouse aquired

medicare to supplement our self insured plan medical

coverage to limit our out of pocket medical expenses.

I pay for self insured benefits out of my disability

check, and my spouse pays for the medicare. My self

insured plan took the position that the medicare would

be primary, and that until we pay $1000.00 out of our

pocket after what medicare pays then the self insured

plan won't pay anything. We could go an entire year

and not accumulate enough bills to pay $1000.00 out of

our pockets, yet i am paying for coverage that i may

never get benefits from. Can someone shed some light

on this. It makes no sense to me.

I am just learning about Roth IRAs and have a couple of questions. My husband and I both work, have no children and earn under $160,000 per year. We are both 30, so it will be quite a while before we retire. I heard that withdrawals can be made from a Roth for any reason at any time without being taxed. For example, if one of us were to become temporarily disabled or I stopped working, could the Roth be used as "temporary" supplemental income?

This message concerns the IRS' announced plan to begin auditing school districts, etc., to ensure that they are complying with the statutory requirements re 403(B)'s. I first became aware of this plan of the IRS in December of 1999 when I heard IRS agent Robert Architect speak on it.

Has anyone out there actually been audited? Has anyone made use of the IRS' voluntary compliance program? Is this something I should stop losing sleep over?

Where can I find a copy of Notice 97-10? I'm having trouble locating a site.

Why is my ROTH IRA Contributory Account going backwards? I have contributed a total of $2000 for three years, which SHOULD add up to $6,000 Plus Interest and it's only valued at about $5600 today.

How do I get it out of control of the stockbroker and back into the control of someone who will make it GROW! After all, the purpose is to RETIRE, not put money into a sinking fund!

Thanks!

If an error, as similarly stated in questions 122, 123 & 129 under investment plan compliance, was first executed in 1997, but not found until 2000, is APRSC not available? Is the only recourse disclosure to the IRS through VCR, etc.?

Plan has been terminated all checks have been issued prior to the end of the Plan Year. However, two checks remain uncashed at year end. Can the Plan file a final 5500?

What are the consequences to the employer/plan sponsor if the employer terminates a plan that is no longer qualified (due to plan document failures) and distributes the assets? The employer, of course, is not seeking a favorable determination letter from the IRS regarding the termination.

Anyone attended the ABA Employee Benefits Committee midyear meetings before? I've gone to IFEBP stuff, never ABA and wanted to know what anybody thought. . . It looks good!

OK, this is not a new question, but I'm looking for other folks' experience. Lets say you have a 401(k) that permits self-direction among a group of mutual funds. Additionally, if your balance exceeds, say $20,000, you can invest through a brokerage account, where you can buy individual securities. My feeling is that the ability to invest through an individual brokerage account is a BRF and by attaching a condition such as a rather high minimum you've probably got a discrimination problem. Nevertheless, there are investment institutions that are suggesting this approach and contending that it shouldn't be a problem. I don't agree, but I am not aware of a case or DOL or IRS opinion that specifically speaks to this issue.

What do you think?

A client has nonvested Profit Sharing and Employer Match forfeitures at year-end (6/30), both which are supposed to be used to reduce future contributions.

The Employer is depositing a QNEC at year-end to correct failed testing. Can the Employer apply the forfeitures to the QNEC to reduce the amount he has to deposit to the Plan?

Can anyone provide, or direct me to, statistical information as to what percentage of profit sharing plans permit in service withdrawals (other than hardship)?

Thank you.

Has anyone ever looked at whether the new HIPAA administrative simplification requirements apply to self-funded multiemployer plans? It appears that they might; I was just looking for other people's thoughts.

I understand that IRS proposed regulations stipulate that COBRA premiums for partially self-funded plans are actuarially determined. Can an employer or TPA determine COBRA premiums to charge participants without using an actuary? Is there an acceptable formula for determining this and for determining claims reserve.

When amending a DB M&P Plan for GUST, what must be included in the "snap-off" section of the adoption agreement as required by Rev. Proc. 2000-20 (Sec. 5.12)?

With so many at the ASPA conference, I know it is next to impossible to actually find someone there, but is anyone else going to the conference? It is kind of nice to attach a face to a name.