Can anyone enlighten the group on the current status of the RSSA 2000/H.R. 1102 Tax Bill?

Not much to hear on it in the last several weeks.

Congress is now overdue to adjourn.

Thanks,

David H.

Can hardship withdrawals be taken from a SIMPLE 401K and if so, is each portion withdrawable 100%, including the mandatory match &/or non-elective portion?

If a deferred vested participant has been issued a Deferred Vested Certificate, been listed on Schedule SSA, is not eligible for payment currently, and has relocated without notifying the sponsor of address change, is there any required action on the part of the Plan Sponsor to locate them for SAR, SMM, or SPD distribution once a mailing has been returned as undeliverable?

I have just recently divorced and issued a COBRA notice from my ex-husband's Plan Administrator(he is a union employee).

Although the divorce decree orders that I retain medical coverage for our sons (2), my husband has verbally agreed to keep the children on his plan as he doesn't pay anything for their coverage.

I want to know if I opt for the single coverage under the COBRA plan, and the kids lose coverage later for whatever reason, can I then change my plan to a family plan and put the kids on my plan or would the kids have to take two single plans under the COBRA notice or can they take a family plan then?

I want to roll over a portion of my regular IRA into a ROTH in 2001 as part of my estate tax planning. To do this I need to keep my 2001 income below $100,000. How can I invest a considerable amout of cash for 2001 such that I can be sure it will yield no AGI income for the year? The two ways I have in mind are US Govt I bonds and CD's that expire after 2001. What else can I do?

I have a situation where a client is facing an audit and cannot locate copies of any documents prior to the current financial institution standardized document, adopted 6/1/97, which shows an original plan effective date of 5/31/85. in short, the "historical" documents can't be found, and there's no indication that a determination letter was applied for or received. Is there any recourse in arguing that ERISA section 107(106?) states that plan records need only be maintained for a 6 year period?

If a person owns exactly and nor more than 5% is that person an HCE? I.E. Is it a MORE THAN 5% owner?

Thanks for your help.

Can anyone suggest a website that contains information on the average (in dollar amounts) pension benefit offered by private companies' defined benefit plans?

Can the owner of a company that is an S corporation that uses a PEO for his employees participate in the PEO's section 125 Plan?

A Dentist with 5 part time employees, would like to offer a 125 plan with FSA and DCAP. The Dentist will take a month long vacation every year, therfore the part time employees are unable to make in money, therefore have no wages to reduce for the benefits. Would the part time employees be able to treat the vacation by the doctor as a change in employment status, and thus not worry about wage reduction until they come back to work? I am quite sure this would be o.k., but I would like to know for sure!!!

Thank you.

For a 401(k) plan, Code Section 401(k)(2)(D) makes it pretty clear that the cash or deferred arrangement cannot require 2 years of service for eligibility to participate in the cash or deferred arrangement. Is there any cite that makes it clear that a safe-harbor 401(k) plan cannot require 2 years of service to be eligible to receive the nonelective (3%) safe harbor contribution?

Can someone tell me the particulars of fairly new Medical Savings Accounts? Are there limits? Are there any differences for Highly Compensated employees?

A participant orginially employed with firm A terminates and does a rollover of her combined 401(k) and profit sharing balance into Firm B's plan. She subsequently leaves Firm B and returns to Firm A and rolls the money back to Firm A's Plan. She then incurs a hardship. Is this rollover money eligible for a harshdship distribution if the plan only allows for hardship distributions of deferrals?

From my reading of the IRS Pub. 571 regarding "last year of service" it seems as if $30,000 can be contributed to my 403b. The example given is about Bob who has made only elective deferrals to his account. My carrier says that only applies to employer contributions, not elective deferrals and that at no time can a contributor defer more than the $13,500 allowed by the "catch up" provision. Can you give me any information to clarify this seemingly contradictory information? Thank you, Bev Kemmer

Is a self-insured health plan required to have, and distribute, a Summary Plan Description to all eligible participants? If not, are there any minimum disclosure requirements?

From what I have read, a 125 plan sponsored by a church is not exempt from filing Form 5500 and the related sch F. Am I overlooking anything? Cites appreciated.

What is the current status of the Section 127 educational assistance exclusion? My understanding was that HR 1180 was going to extend it through December 31, 2001. Did this happen? Is the extension applicable to courses begun any time before the cutoff, or did they have to be in existence at any particular time?

Do welfare plans for a company with 40 employees participating in the medical, dental, life, and disability plans require an annual 5500? It is my understanding that it is only for 100+ groups. Thanks for your help!

Are the normal fitness club memberships eligible under a cafeteria plan under a medical spending account? Thanks for your help.

My not-for-profit employer offers a 403(B), to which they do not contribute. I have had been contributing to this plan for about two years and the returns seem to be lackluster. At the age of 32, I have really started trying to be more knowledgeable about my future, including retirement. Under the 403(B) tax regulations, can an employer ever be required to make contributions? Secondly, I've read the information about Roth IRAs and it appears that I meet the requirements to start a Roth. Knowing that my employer doesn't contribute to the 403(B), does it make more sense to do a Roth instead? I doubt I could do both. Finally, (I know this isn't the Roth message board) does a Roth give you the option of choosing how the money is invested? Is there a guaranteed rate of return?