ok, we're pretty sure about this one, but just want to be sure. a client hires an employee who is over age 70 1/2 and who wishes to roll his distribution into the new employer's plan. must the prior plan do a minimum distribution before rolling the balance to the new plan? what if the employee had waived the minimum with the prior plan? we think yes either way.

I'm drawing a complete blank on this issue. A participant in a DB plan meets the normal retirement requirement at age 59, terminates service, but does not apply for benefits until he's 62. Plan says he has to apply to get benefits. What happens to the accrued benefits in the years he's not getting benefits to which he's entitled? Is there an actuarial increase? A retroactive payment? Some kind of actuarial adjustment? By that I mean neither an increase or a decrease, just adjusting the benefit payments to accommodate a shorter period of time. How is this handled, and what's the authority for the answer?

On February 11th the DOL adopted an interim final rule requiring MEWAs to file a new form - the "M-1" - by May 1st. I saw nothing in any daily journals or other news reports about this new requirement, and just found out about it recently. Thankfully, the DOL doesn't intend to assess the $1,000/day penalty this year, but the form is still due. Was I asleep when this was announced, or is anyone else surprised by this? Has anyone had any experience with filing the forms?

Individual A was formerly a partner in a law firm. During 2000, Individual A contributed $10,000 to the law firm's 401(k) plan. The law firm dissolved and Individual A provides services to a new employer as an independent contractor. As all of Individual A's remuneration is treated as earned income, what is Individual A's annual addition limit under fis current employer's plan. Is his $30,000 limit reduced or not? Any thoughts? Thanks. Ed

I have a roth IRA with Scandia and want to roll this account into an on-line brokerage account as a roth IRA. I would research, buy stocks and keep the portfolio as a roth IRA. Has anyone ever heard of or has done this before? Can this be done? I look at it as cutting out the middle-man and the "fund" myself.

Participants are required to get an SAR, which gives them the option of requesting a copy of the full annual report. The SAR wording per the Labor Regs says, "The charge to cover copying costs will be $XXX for the full annual report, or $XXX per page for any part thereof." Other Labor Regs say that these charges should be reasonable, but not to exceed $0.25 per page. We have always been indicating a $3 charge for the total report. I don't know if we made this up, or if it was decreed by a power-that-be (or that-was), or if it just seemed reasonable for a 5500-C. However, now that annual reports can run into dozens of pages, especially with a Schedule B or a Schedule D, $3 no longer seems "reasonable."

What is anyone else showing for the charge for a full report? Does this vary on a case by case basis depending on the size of the report? Any thoughts are appreciated!

I work for a small (90 employees), but growing software development company. I am looking into improving our tuition assistance program. We currently offer $1,500 per employee per year and that is the extent of the policy. Specifically, I am trying to find out what other companies our size offer and what the legal/tax limitations may be on this program. Does anyone know of any references that may help me in my onformation gathering stage?

I have a question about filing Form 990-T for IRAs that

have unrelated business taxable income. UBTI is a difficult issue for trustees and custodians; therefore, many leave it up to the account holder to prepare and file the form.

>

My question is: Does the trustee/custodian who leaves the account holder "on his/her own" to file Form 990-T risking penalties if the account holder fails to file the return?

From my reading of the Section 408 regulations,

the Internal Revenue Manual, and other materials, I think the answer is "yes." I think that the IRS can assess the trustee/custodian the failure to file and failure to pay penalties. Also, it appears to me that trustees and

custodians are subject to equivalent rules (in other words, a custodian does not get easier treatment than a trustee).

> Do you have any thoughts on this issue?

I have a controlled group of three companies each with its own plan. They will file seperate 5500s and pass one 410(B) test. When completing Schedule T, do I disaggregate the plans?

What's your opinion on how to answer the defined contribution pension features and whether or not a plan is intending to comply with 404c (code 2F)?

I think a lot of plans try to comply, but I've always heard that 404c is impossible to comply with.

We have a lot of clients using insurance group annuity contracts with brokers telling them they are complying with 404c. I have some trouble not marking that they saying that they are not when clients think that they are. Someone said that the IRS is gathering this data so that they can start auditing plans for 404c compliance.

Employer A and Employer B merge mid-year. At the same time Employer A's top heavy plan is merged into Employer B's non-top heavy plan with Employer B's Plan being the "survivor". As of the date of the merger, the resulting merged plan would be top heavy.

What is the top heavy obligation for the year of the plan merger? 1) All non-keys? 2) All of A's non-keys, but base the contriubiton of B's non-keys on comp from the date of the merger? 3) A's non-keys only? or 4) no top heavy contribution is required.

Under Q&A T-31 it is clear that all of the assets of the two plans will count toward a top heavy determination. However under 416(g)(4)©and Q&A T-22 the "determination date" is the end of the prior year (before the merger). At that point the "survivor" was not top-heavy.

Of course the Plans could have been kept separate under the 410(B) grace period and would not have had to be aggregated for top-heavy in which case the only top-heavy contribution would have been for A's employees. However, the employer decided it wanted an immdediate merger.

Any thoughts?[Edited by KJohnson on 08-25-2000 at 10:01 AM]

If you have a traditonal IRA worth $1,500,000 and you have set up a special IRA living trust. Does this allow your heirs to spread the income recieved over a 5 year period instead of taking it all in that year?

In an (non-leveraged) ESOP that contributes a certain dollar amount at mid-year to the ESOP trust, but does not allocate the contribution across participant accounts until year end, what is reported as Sec. 415 Annual Additions for participants? The value at time of contribution, or the value at time of allocation.

This can have many potential plan reverberations, since the assets in the trust could potentially be invested in a supplemental fund within the ESOP trust - i.e. money market. Then, would income from that investment be required to be allocated to participant accounts?

lets say you have a client that started a 401(k) plan in 1997 and you became the TPA in late 1999. you come to find out that the client failed to provide complete census data to the prior TPA, so ADP testing was never done for 1997 or 1998. The client, which is a conglomerate of dental practices, then goes belly-up and claims it cannot provide complete census data for 1997, 1998, 1999 or 2000, but will "do its best". Now, it turns out that "its best" is not very good at all and you are certain that the data provided is at least incomplete and almost certainly innacurate. my inclination is to refuse to do the ADP test. i don't want to be blamed when this plan is audited and the agent finds the test to be based on bogus information. now suppose that the client says he wants to terminate the plan without having done the testing and wants us to send out distribution forms to the participants. if the plan would fail The ADP test for any of the years involved, it would be disqualified, so offering the employees the option of rolling their distributions to an IRA might get my firm in trouble, i think. what do you do? is it even possible for me to place the responsibility for bad rollovers onto the trustee by sending him a letter informing him that he has no assurance that the plan is qualified? i'd like to resign from the plan, but i empathize with all of the parties involved and don't want to leave them stranded, but i also don't want to get my firm in hot water.

The Schedule SSA instructions indicate that if you need more space, you can either use additional copies of the Schedule SSA, or additional sheets containing all the information on the schedule can be attached. Schedule SSA only allows for reporting 4 participants. As an example, if you are required to report 9 participants, should you attach 3 SSAs including both pages 1 and 2, or only page 1 of SSA and 3 separate page 2s?

Has anyone had any experience with automatic enrollment with your 401(k) plan? I'm reading a lot about it, but haven't actually "met" anyone doing this? I'd be interested in your experiences...

Also...we are contemplating changing our waiting period from 12 months to 6 months. Any pointers or cautionary tales???

Thanks in advance!

Sheila K

602 683-1013

An employee quits his job and has the choice of rolling his vested Profit Sharing distriution into his personal IRA or rolling it over into his new employer's profit sharing plan. If he chooses to roll it into his IRA, then he can later roll that IRA over again into another IRA (after a one-year period has lapsed, according to the tax code)

HERE'S MY QUESTION:

If he had choosen to roll the Profit Sharing distribution into his "new employer's" profit sharing plan, then does the tax code allow him (withhot penalty) to re-roll it from his "new employer's" plan to an IRA (several years later) while still employed with the new employer ? (Assume the participant is UNDER age 59 1/2).

An employee who previously elected health coverage for his spouse contacted me recently regarding the company's decision not to extend benefits to his domestic partner. I explained to him that according to our policy (and hopefully the policies of most other companies), he could not cover both a spouse and a domestic partner under our health insurance plan. The employee then informed me that his spouse is in fact an ex-spouse, whom he divorced three years prior to beginning employment with us, and that he was ordered as part of his divorce decree to cover her under his employer's health insurance. When he elected benefits at his hire date, he simply wrote her information in the "spouse" section of the enrollment form.

Our health plan is self-insured and does not provide for coverage of ex-spouses - my understanding is that we are not obligated to comply with court ordered coverage if it provides benefits for someone who doesn't fit the plan's definition of a dependent.

This being the case, what the heck should I do? The employee has asked me to write a letter to his attorney explaining the situation and informing him that coverage on the ex would be dropped. I'm not inclined to cancel her coverage retroactively (she's been covered by us for 2 years), however I'm wondering if failing to do so would violate ERISA. I don't see how this could possibly be construed as a qualifying event under COBRA, and I feel terrible about abruptly terminating coverage for this woman who thought all along that she had secure health benefits (and apparently has some significant health concerns). Any suggestions on how to handle this would be greatly appreciated.

Pursuant to a sale of assets (no assumption of liabilities, etc.), buyer hires seller's employees and assumes sponsorship of seller's 401(k) plan, effective as of the first day of the last quarter of the calendar/plan year. Buyer maintains no other qualified plans and has no employees of its own, pre-sale. If the IRS audits that particular plan year, can both entities ultimately be responsible for responding to the audit?

In a 401(k) Profit Sharing Plan, is the plan sponsor required to have a Fidelity Bond? Or is it just strongly suggested?