My husband works for a large company who has a 401(k) plan for the unionized employees. I assume the company has more than 1 of these plans, but anyway, what the company has JUST done (and yes they are on a calendar year) is to send some employees letters saying that they were over $80,000 for W-2 wages last year (hence HCE) and were chosen at random (by lottery) to now lose their ability to defer anymore income this year (and thus receive a match).

These employees are naturally upset. The company doesn't want to run amok of the ADP or ACP tests so I understand why they have done this. (These employees reached the $80K limit by working mandatory and voluntary OT in 1999.)

Is this random selection of HCE's to give up deferring common practice? This is news to me as we don't represent any companies who have so many employees that they wouldnt just make ALL HCE's stop for the year.

What are other ways or more common ways of addressing this kind of problem?

TIA

SPrince

A calendar year plan sponsor starts a new safe harbor 401(k)plan on 10/01/00, having given timely notice, with an effective date of 01/01/00 (mostly for p/s purposes). 100% of deferrals up to 4% of comp is the safe harbor contribution. Deferrals begin 10/01. Employees can do normal deferrals and also elect to defer up to 100% of bonuses received in December. The employer bonuses everyone at least 4% of annual comp, which they defer. Employer deposits the safe harbor match of 4% of comp. Does this arrangement qualify as a safe harbor plan?

I wish to use the APRSC program to correct a plan's operational failures and would like to use one of the correction measures listed under Appendix B (which I understand to be appropriate for both APRSC and VCR). My confusion comes from the fact that the correction measures listed in Appendix B use the term "SVP correction method" and this term is associated with the VCR program, not APRSC. Thus, may I use a correction measure listed under Appendix B even though the plan will use the APRSC program?

Client refuses to remove excess contributions from the trust. He would rather simply reduce what he remits to the trust for future contributions and pay the distribution to himself from the corp. I'm not really fond of this client and need a good argument as to why this won't fly...something other than "IRS wants to see a paper trail".

Has anyone had success negotiating market value adjustments upon transferring a plan's assets?

My question pertains to "retirement income accounts" for churches.

IRS Publication 571 says:

A TSA plan can invest funds for participating employees in:

€ Annuity contracts

€ Custodial accounts holding mutual fund shares, or

€ RETIREMENT INCOME ACCOUNTS (defined-contribution plans maintained by churches or certain church-related organizations.

What exactly is a retirement income account? What can they invest in? Is it just for churches? How is different than the 403(b)or 403(B)(7) plans?

Thank you for your time and consideration.

It is contemplated that employees may contribute to adoption assistance programs (IRC 23 & 137)and that this is accomplished via a salary reduction agreement. It appears to me that in order for an employee to do so, the benefit must be offered under a Section 125 plan. My review of the literature and applicable statutes indicates this to be the case, but I have not found it stated explicitly. My question is, does anyone know whether it is required that such contributions be made within a cafeteria plan? If this is not the case, how are such contributions handled?

A man has two unrelated jobs. At one he is fully funding via deferrals to a SIMPLE plan ($6,000). At a seperate jod and unrelated employer he is maxing out a 401(k)($10,500) in deferrals. He has no ownership in either of these 1st two businesses. In addition he is self employed and wants to know if he can set up a plan(s) and fully fund it/them.

1)My 1st question is, is what he is currently doing OK?

2)What would he be able to set up (in the DC arena) for his self employed entity and what max limits could he fund to?

An employer wants to adopt a medical expense reimbursement plan whereby the employer sets aside a certain amount of money to be used for medical reimbursement and the employees do not have any taken out as salary deferrals. Is this a welfare benefit plan that requires a cafeteria plan document as well as a reimbursement plan document? Can the contributions be discriminatory? Does this fall under IRS Code Section 105?

Simple question: do most practitioners accept fax signatures on documents such as hardship withdrawal applications, termination distribution requests, and loan applications, or do you insist on original signatures? We are aware of the new laws regarding the acceptability of electronic signatures, but have not researched this thoroughly to see if there is anything specific about the acceptability of fax signatures. Our firm has been accepting them for several years now, but have heard of others that don't, so wonder if we're off base here.

In a situation where an employee leasing company is terminating its contract with the client company, are the employees entitled to obtain Cobra coverage from the employee leasing company even though the employee has not suffered a termination of employment and continues to work for the client company?

At one time, any matching contribution made by a partnership with respect to a partner's elective contributions was also treated as elective contributions made by the partner...I believe this was changed. Can anyone confirm this?

well, we are up and running. a lot less problems than last year at 5.0 . I believe most, if not all the printing problems we had at 5.0 are now fixed.

some initial problems because we had a more recent upgrade of NT then Quantech, but they were able to get around these problems rather quickly.

some points that aren't necessarily real clear in the notes:

All custom reports must now reside in one folder (unless you want to keep resetting the file location under Utilities) we had had our custom reports asigned to sub-folders. (under reports you are further able to assign your custom report to the custom folder, or, for instance, assign your certificates to the certificate section)

You are also limited to a file name of 8 characters. At 5.0 we had gotten real cute with the names since you could have more than 8 character names. However, nothing is lost, as you are now able to asign a desription to each report.

(under reports you are further able to assign your custom report to the custom folder, or, for instance, assign your certificates to the certificate section)

Since you should verify database on each of your reports it is simply a matter of renaming your reprots(If you used more than 8 characters) and assigning the reports to one folder (if you used sub folders)

Maybe we the only ones who did this anyway and so this note won't make a difference to you anyway

and, I guess I would add the following, before I get accused of it, I am not griping, I am simply pointing out our experience. we had verified the database on aa few reports, then tried to use them and discovered that we should have renamed them as well.

A standardized prototype money purchase plan (calendar year) was frozen 3/31/99. The plan has the usual standardized prototype language for contribution eligibility. Is there or is there not a contribution due for 1999, and for whom? There are three categories of participants we are concerned about:

a) employed all year with 500 or more hours by 3/31/99

b) terminated with 500 or more hours before 3/31/99

c) terminated with 500 or more hours after 3/31/99 but before 12/31/99.

An argument has been made (not by me) that for people employed all year, there is a last day employment requirement and the plan was frozen before that contribution was accrued. This seems to me to defeat the purpose of a standardized prototype (no 410(B) testing).

Any thoughts?

If a Plan uses a bank as a directed trustee or custodian, my read has always been that although the bank does not have to be bonded (presuming it meets the other requirements of the ERISA 412 regs) the person or persons who give "direction" regarding investments must be bonded. Does anyone have a different read?

I am working with a company that set up a Premium-only plan for 2000. The plan is "semi-self insured", in that the insurance company charges a fixed premium per month, and then a variable portion, which is attributable to individuals within the plan.

In terms of administering the 25% Key Employee concentration test for the year, what premiums are counted towards the total which is then used to calculate the 25%? Is it fixed premiums, or the total premiums? Doesn't this make testing diffucult, as the number is a moving target? What happens in a year when the variable portion is attributable mainly to one of the key employees? (My company has 6 brothers who each own 16.67% of a C-corp)

Any ideas would be appreciated. Thanks!

I am new at this and don't have too much experience. Can someone please explain what the "non-traditional" OBRA full funding limitation measurement for determining the deductible limit of a corporate retirement plan is? A general overview would be greatly appreciated. Also, is there a "traditional" full funding limitation? Under what circumstances should you use the "non-traditional" vs. the "traditional" approach?

Is an SEPP distribution from and IRA Variable Annuity any different from an SEPP from an IRA invested in mutual funds? Can it be done by setting up a payment stream of systematic surrenders without annuitizing the contract? The owner is 53 now and once he reaches 59 1/2 he'd like to stop distributions and let the annuity IRA continue to accumulate.

It is my understanding that generally fees can't be charged for a distribution to a terminated participant. The investment company charges a check fee on all distributions from the plan. This raises 2 questions:

1. Is there a problem with the check fee? I don't think there is, but I could be wrong.

2. The investment company summarizes the distribution on the check stub. Recently the company has relabled the "check fee" as "administrative fee". I definitely do not like the new wording, but maybe its nothing. Should I be concerned?

I am a principal in an inc. biz that does not have any retirement plan in place. Therefore, I contribute to an IRA.

As a second biz in which I alone am employed (from a home office), I earn approx. 20K per year. Is it possible for me to set up a Simple or SEP IRA for this revenue? Which option applies if I am the sole owner and sole ee? Can I simultaneously continue to contribute to my IRA and claim the 2K fed. tax benefit? I have tried to read the regs, speak to investment firms and accountant but have gotten conflicting information. Thank you for any help.

I own 20% stock in my primary biz's inc.