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?

What level of proxy disclosure (if any ) is required for company paid supplemental disability insurance for top management?

We are taking over a cross-tested money purchase plan that has a 11/1 - 10/31 plan year. Eligibility is 1 year, age 21, entry dates are 11/1 or 5/1 following. My question stems from the fact that plan compensation is defined as compensation for the calendar year that ends in the plan year. Also, plan compensation is only for compensation after the entry date.

Consider the plan year 11/1/1999 - 10/31/2000. Its 4/1/2000 entrants will get NO contribution because they have no eliglble compensation. The 11/1/99 entrants will get a contribution based on only two months of compensation. The plan is not top heavy.

For 410(B) and 401(a)(4), will the 4/1/2000 entrant be counted as "not benefiting" and as "0%" for rate group and ABT% purposes? Sadly, they left the limitation year as the plan year, so I won't be able to say that they are precluded from getting a contribution by 415.

Does anyone know of any other issues that arise as a consequence of this definition?

In 1999 there were two corporations. Corp. 1 was owned 50-50 by two doctors. Corp. 2 was 100% owned by a 3rd doctor. Corp 1 maintained a PS and a MP plan. Corp 2 maintained a PS plan. None of the Plans were terminated. Each of the corporations remains in effect with no EEs except the Doctors. Each Doctor is drawing a salary from their corporation in 2000.

On 1/1/2000 the 3 doctors formed a Corp 3 each with 1/3rd ownership. They set up a new 401(k) ps plan effective 1/1/200.

On 4/1/2000 a 4th Doctor entered Corp 3 and all four Doctors became 25% owners.

Question, do we have controlled groups for 2000. Without question, on 1/1/2000 Corp 1 and Corp 3 were a controlled group. But if we look at the 2000 Plan year do we have to do controlled group contributions between the 2 plans of Corp 1 and the Corp 3 plan?

We have a client who uses self directed brokerage accounts. In the infinite wisdom of the client, he (owner of the company) started transferring assets from the qualified plan brokerage account to his personal taxable account. These were done by the same brokerage firm so they simply journaled the $ from his plan account to his personal account. Problem is that he did not tell us he was doing this and consequently no withholding was done. And also no 1099.

What is the penalty for not withholding? He did include the income on his taxes so he did pay all taxes due. Do we have a major issue here? (besides the issue of a client doing what he pleases without asking/informing us)

Thanks

Can someone explain to me in laymans's terms what IRC Section 414(k)(2) means when there are employee contributions involved in the D/B plan.

I'm involved with a City that participates in a Municiple Retirement System that claim they have a hybrid D/B Plan, even though it looks like a matching D/C plan (EE picked-up contribution plus ER "match"). They want to establish a supplemental D/C plan, which is allowed by State law, but have been told this section may limit them to the D/C 415 limits even though the State statutes refer to D/B limits.

What are the chances of being paid by the Plan for CPA audit fees when the sponsor has declared bankruptcy. We have been told that there is very little chance of receiving anything on the outstanding bill from the sponsor. Is there anything preventing me from billing the plan directly, and what do you think my chances of collecting are? Thanks.

1 guy is a key employee in 2 companies. no other common ownership or ASG issues.

Can both companies maintain a MP plan and get $30,000 to the guy in each company? ($60,000 total)

Can't find a reason why not, just seem to recall something...

Thanks

Can anyone recommend a website where a participant could check on the annual tax advantages (by plugging salary and deferral %) of participating in a 401(k) Plan?

Thanks

My client sponsors a 401(k) plan currently. He's interested in "adding" or "converting" the plan ... he's not sure ... to include an ESOP provision so that his employees can acquire stock and ultimately own the company. Thus, providing an "exit" strategy for his ultimate retirement.

Can someone help me accomplish this??