We have a 401(k)/PS plan that terminated at the end of 1997. At the time of termination, there was approximately $6000 in forfeitures. The plan document states that forfeitures must be reallocated. Instead of being reallocated, the forfeitures were sent back to the employer. This mistake wasn't discovered until this year. Our question is can we correct the forfeitures through the EPRSC?I believe that it is too late to correct using the APRSC, but is the VCR program available for this?

If a participant in a self-directed 401(k)/PSP decides to loan money from his or her plan account to a third party who is not a disqualified person or party-in-interest, is the loan subject to the "qualified loan" provisions, such as 5 year repayment and reasonable rate of interest?

Does anybody have a good data request procedure for partnerships which addresses self employment tax procedure and the allocation of contributions for both employees and partners?

My understanding is that partnerships can have in their agreements methods for allocating expenses such as retirement plan contributions. This came up as one of the Q&A's at the October ASPA conference.

There are also some circumstances in which partnership compensation is not subject to FICA.

Anybody have a sound procedure to address what information to request (i.e. capital interest, allocation procedures) and how to reduce partnership income for employee and partner costs?

Is the following correct:

The same desk rule has no effect on vesting, so participants in the terminated plan have to be 100% vested in the money from the terminated plan, even though those same participants are not entitled to a distribution from the terminate plan.

Thoughts?

For form 5500, schedule C- how are "service providers" defined.

For a self- insured health & welfare plan, are doctors who provide services directly to participants service providers that need to be listed?

Thanks.

Does anyone have a list of the Erisa code sections that do not apply to church plans?

I have a COBRA health website that is geared towards individuals and non group health plans only. I am setting up a "For Employers" link page.

Can anyone with a content filled site, geared to employers and groups, contact me?

Craig Casey

800-682-2180

webmaster@cobrahealth.com

>>Can a "corporation" serve as the custodian of a minor child's Roth IRA account, or must a "parent" be custodian?

When opening a custodial Roth IRA for a minor child (who has his or her own earned income) a parent can be the "custodian" who opens the account in the child's name and SS# and supervises it until the child reaches the age of 18. However, if the parents are not in a position to do so, can a "corporation" or other entity be the "custodian" that sets up the account for the child?

I am looking for a carrier that will provide health benefits for an association of 1000 members. There is no employer/employee relationship, just association membership. Does anyone provide this anymore??

A sobering example of the importance of clear plan administration forms to be completed by participants (beneficiary designations, annuity waivers, etc.) -- there is strong evidence that several thousand people who voted for one candidate have had their votes counted for another candidate due to the way they marked a ballot form. From the Associated Press 11/8/2000:

"Buchanan got 3,407 votes for president in the heavily Democratic county Tuesday, more than he received in any other Florida county, according to unofficial returns. Statewide, Gore was behind George W. Bush by fewer than 1,800 votes, and Florida held the key to the national race.

"It was so hard to tell who and what you were voting for. I couldn't figure it out, and I have a doctorate," voter Eileen Klasfeld said.

"Two larger counties south of Palm Beach both had much lower Buchanan results-- 789 in Broward County and 561 in Miami-Dade County. In Duval County, a much more conservative county in northeast Florida, only 650 Buchanan votes were cast.

"The confusion apparently arose from the way Palm Beach County's punch-card style ballot was laid out for the presidential race. Candidates are listed in two columns, with holes down the middle between the columns, to the right or the left of each candidate's name."

Copy of the ballot: http://www.sun-sentinel.com/images/PalmVot...otConfusion.gif

A better photo of the asymetrical form, showing candidates' name blocks like staggered dominos lined up to face each other down the center of a page, where each of the tiny holes in the center lines up with a border between two of the dominos: http://wire.ap.org/APnews/center_story.htm...IMAGEID=1594562

Does the account balance to use to determine the Required Minimum Distribution include accrued contributions? In a daily valued profit sharing plan, if a participant has a 12/31/99 cash balance of $25,000 and receives a profit sharing contribution of $1,000 for the 1999 plan year, is the balance to use $25,000 or $26,000 (assuming there are no other adjustments)? A cite would be appreciated! Thanks.

What is the difference between:

1) a 411(d)(6) protected benefit that can be eliminated by plan amendment (like hardship distributions), and

2) a benefit that is not protected under 411(d)(6) (like ancillary life insurance)?

If they can both be eliminated by plan amendment, what's the difference?

Employer sponsors a 401(k) Plan with safe harbor match. There is a six month service requirement. Employer hires an employee in the middle of a year at a salary of 160,000 per year. Employee works 6 months (say july to december)and becomes a participant in the plan- employee only earns 80K first year -is the employee an HCE or NHCE for safe harbor purposes? Also, in the same plan, can you exclude all new hires (HCEs and NHCEs) who do not meet the minumum service requirements under the code from the safe harbor match? In other words create two plans in one- where you need minimum age and service to get the match?

Do the restricted participant distribution rules of

1.401(a)4-5(B) apply to church plans?

I have a new church plan client (db) which is currently

underfunded and the only HCE would like to take a lump

sum. Based on my reading of the regulations, I think these

provisions apply to church plan, but I'm not positive. Has

anyone ever faced this?

He was not real happy when I brought this up

Do the restricted participant distribution rules of 1.401(a)4-5(B) apply to church plans?

I have a new church plan client (db) which is currently underfunded and the only HCE would like to take a lump sum. Based on my reading of the regulations, I think these provisions apply to church plan, but I'm not positive. Has anyone ever faced this?

He was not real happy when I brought this up.

My prospect is looking for a carrier that will provide health insurance benefits plus other benefits to an Association of approx. 1,000 members. There is no employer/employee relationship and members are nationwide. Does anyone do that anymore?

Company stock as company match? Are there notification requirements under ERISA? Plan has annual discretionary match which has always been made and has historically been in the form of a cash contribution. Currently considering providing company match for this year in the form of company stock. Plan year ended 7/31/00 and match is historically funded in mid-November. Have a concern that we should have informed participants prior to making the contribution in the form of stock. Does ERISA have a requirement that participants be informed of the sponsor's intent to change the make up of the company match??

1) Are amendments restricting in-kind distributions subject to the same effective date requirements as amendments eliminating optional forms of benefits (no sooner than 90 days after an SMM is issued to participants), or are there separate timing rules for in-kind distribution cutback amendments?

2) Can defined benefit plans be amended to restrict in-kind distributions, or is it only defined contribution plans?

A participant defers 10,000 into two diferrent plans for a total of 20,000 for a calendar year. The two plans are not part of a control group or affilated service group.

If this was a control group, I believe one or both of the plans could be disqualified if the excess deferral is not distributed. But, since this is not a control group, and neither plan allowed deferrals over 10,000; neither plan can be disqualified.

My question is; can the excess deferral be distributed, or must it be distributed? Or, must the distribution be postponed until some other distributible event occurs?

Does a 401(k) plan which provides employer matching contributions and otherwise meets the requirements of 410(a) and 410(B) fail to satisfy the requirements of 410(a) -- relating to the maximum one year service for participation rule -- if it provides a supplemental discretionary service-weighted employer contribution payable to employees who have completed 5 years of service?

Does it make a difference if the plan has obtained a Determination Letter?