What minimum service conditions can be set for participation in the 3% nonelective contribution for a safe-harbor 401(k) plan?

What minimum service conditions can be set for matching contributions in 1) a "typical" 401(k) plan, 2) a "safe harbor" 401(k) plan?

Is there any guidance other than Code Sections 410(a)(1)(A) and (B), and 401(k)(1)(D)?

A company has employees who are not citizens of the United States and who do not perform any services in the United States. The employees are paid in U.S. dollars although they are not subject to income tax withholding, FICA etc. The employees are not currently in the qualified plans of the company (a 401(k) and a defined benefit), which I think is OK since I believe they would be nonresident aliens. The question is: Can they be allowed to participate in the pension and 401(k) plans? If they can participate legally, are there other issues that would make it impractical?

I am trying to locate any and all information on the New York City Police Pension Fund. I have searched the web for weeks with not much luck. I have even contacted the NYC Pension Section with no luck. I am also trying to locate IRC sec. 414h; all the search engines state it does not exist. I am most interested in tax issues, pension options, line of duty injuries, etc. Any help would be greatly appreciated.

Thank-you.

I've seen a few comments and had a few questions on the indexing of the dollar limit. Anyone know the likeliness of this being indexed to $35K in 2001? I've seen some projections in the past, but haven't noticed anything this year so far.

Are State Government 457 plans (with only employee contributions) required to be audited by an independent audit? If so, how often. What cite can be provided that shows an audit is required?

Does the availability of a non-pro rata partition and allocation of community property in a revocable trust as discussed in PLR 9925033 dictate that estate plans for taxable estates which are heavily weighted with retirement benefits always opt for a revocable trust(as contrasted with a testamentary) estate plan? I am just now working on the non-pro rata language discussed in the PLR and I am wondering if there is an effective way to reach a similar result in a testamentary estate plan. Any thoughts from you community property state practitioners?

Anyone know of any authority or licensing standards that would require an auditor to provide a TPA with their EIN for purposes of Schedule H item 3(d) (other than common sense)?

I have a filing that may be late or incomplete for this reason. The auditor currently will not provide the EIN because the audit may not be completed by 10/16, and they don't want their EIN on a filing of a 5500 without an audit.

Bizarre but true. I suspect this will get resolved, or we will find another source for this information, but it would be helpful if there is some authority to cite as a reason why they must provide this now.

How should dependent care flexible spending accounts be handled for employees on a paid or unpaid leave of absence?

If the employee is considered totally disabled (and therefore eligible for STD or LTD), can the employee continue his/her dependent care flexible spending account during his/her leave of absence?

A client called me to see if we could provide them any information in regards to how we handle employees with some of our plans, that reside in Puerto Rico. Unfortunately, I have not had any experience dealing with Puerto Rican employees in regards to an U.S. Qualified Plan. I have no idea what type of tax laws we could be dealing with.

Therefore, if you have any information you could share with me to pass along to my client, I would appreciate it.

ER Sells his company, thus terminates his 401k and everyone becomes 100%. Q.> What about participants that have been terminated for 2 or 3 years that were not fully vested at the time they terminated? Don't they have to forfeit their unvetsed balance to the others that stayed until the ER sold the company? This is a standardized prototype document.

I have an S-Corp that is starting up a leveraged esop. They currently have a separate 401(k) plan in existence. I am trying to figure out if the employer will be able to deduct 25% of eligible comp. Since they are an S-corp they do do not qualify for the 25% limit because of the leveraged note. Most of the research is vague. Since an esop is a defined contribution plan and they are now maintaining two it looks like they will be able to take advantage of the 25% limit, but I can find nothing conclusive on this. Does anyone have any conclusions on this?

Any thoughts on how to handle the undue stresses and stains of meeting the October 16th deadline??

Any thoughts on mailing the forms after October 16th.

One org seems to think we can attach a letter to the 5500s stating the profound lateness of the software as an excuse for a late filing; while another org says they spoke with DOL and there is "no way" they will issue an extension-- they would rather see incomplete forms than no forms.

Go figure.

Plan has purchased rental property in Hilton Head, SC. The property is in the segregated account of the HCE. The property is rented out at FMV. The HCE wants to use the property 2 weeks out of the year and pay fair rental value. It seems to me that this would still constitute a prohibited transaction? Any comments or thoughts? Also, how does the HCE get the rental property out of the plan later when he has retired and wants it entirely for his own personal/rental use? Regular distribution? Seems dangerous to me.

Can someone route me to a place on here on internet where I can get a sample COBRA Election Notice.

We have a Sec. 125 cafeteria plan with fewer than 100 participants. I realize that the IRS has not excluded cafeteria plans from filing the Form 5500 and must always file regardless of the number of participants. My question is are we required to complete Schedule I? If so, do we just show our plan assets as zero and the employee salary deferrals as contributions received and subsequently as benefits paid?

If a plan sponsor has processed a QNEC in 1999 in lieu of corective distributions for 1998 testing results, does that QNEC amount need to be factored into the ADP for participants if performing a prior year test in 1999? My feeling is no, that one would use raw 1998 ADP's.

An Employee is on an FMLA leave. Her 12 weeks are just about up. The Employer wants to "extend" her leave for an additional two months. The Employee will continue to be covered under the Company's medical plan. Does the Company need to provide her with a COBRA notice now when FMLA leave would normally be up or can the Company wait until the Employee will lose medical coverage under her "extended" FMLA leave? I'm guessing that the Company could wait. Any thoughts? Thanks. Ed

A shareholder is awarded her former spouse's IRA Rollover (conduit IRA) pursuant to a divorce. Can the shareholder roll this IRA over to a qualified plan maintained by her employer?

help with Schedule I to make sure I am filling out correctly

in a leveraged ESOP,

company makes $400,000 contribution

and receives $800,000 in dividends.

$100,000 is paid in loan interest.

2(a)(1) Employer contribution = 400,000 + 800,000

2 © Other Income = increase due to change in share price

2 (h) other expenses = 100,000

Total assets = (# of shares * share price) - loan balance

3(d) ER securities = value of all shares

3(f) loans (other) = loan balance

thanks for any help

I have an interest in the new Roth IRA and 401k limits and the new Roth 401k scheme which I have read about. How can I get more information about these new provisions and when will we know if the bill has been passed? ie. what is the schedule for the various hoops it has to jump through before becoming law?