Does a cafeteria plan which is used solely for employee contributions to various welfare plans for funded solely by insurance have to distribute summary annual reports? We did file a 5500 for this fringe benefit plan.

We have a particularly large 401(k) client which allows participants to have multiple outstanding loans. We're looking for any kind of loan program which will allow us to more efficiently manage payment receipts, outstanding balances, amortization schedules, etc. Does anyone know of any specialized program for this purpose? There seem to be a lot of loan programs on the Net but most seemed tailored towards real estate issues. Thanks in advance.

Profit sharing plan with 401k (no matching) has 8 participants (2 Key ees; all are HCEs). Plan is top-heavy. Is it correct to assume that ADP is irrelevant? Also, if Keys make maximum deferral, is it correct that employer can make p/s contribution of 3% to non-key ees only and satisfy top-heavy minimum? Are there any other issues that I might overlook in this situation?

I have a Profit Sharing Plan with 4 long-time participants. One of these 4 terminated during the year with less than 500 hours service, so he does not share in the contribution per document provisions. Can I count this person's compensation when computing the 15% deduction limit? This is just an old-fashioned profit sharing plan, no 401(k) features. Thanks for all input.

I thought I read somewhere that a rehired employee who wanted to buyback a formerly forfeited benefit under the break in service rules did not have to pay back the deferrals received in the distribution, only the portion of the distribution based on employer contributions. I have been unsuccessful in trying to find this again. Does anyone know if this rule exists and where I can find it? If I am correct, does this rule also apply to 403(B) plans?

Thanks for your help!

We have a former employee who is currently residing in Italy and has requested commencement of his retirement funds. Normally, we request that the signature be notarized. Does anyone know if Italy has an equivalent to notarization that we could use to prove that the participant is the one who signed his forms?

Thanks for ANY help.

Can anyone tell me where I can find the Life Table 80 CNSMT mortality table? It is a joint life mortality table that can be used for determining a series of substantially equal periodic payment described in IRC section 72(t)(2)(A)(iv).

Any help will be appreciated. Thanks!

Does anyone have any thoughts on the maximum number of employee classes in a ct ps plan? For example, a 250-employee medical practice wishes to create a plan with 15 classes of employees, one class for each profit center (profit centers are radiology, oncology, etc.) Each class would consist of about 15-20 employees, and each class would receive varying rates of ps contributions. Does this sound unreasonable?

Can someone tell me the appropriate dollar amount used for the compensation test when determining HCE's. for example, if we are in 2000 and the idexed amount is 85,000 for 2000, would you use 80,000 for the lookback year since that was the level of compensation in 1999 or would you use 85,000 since that is the indexed amount?

Does 411(d)(6) apply to a governmental plan? The MPPP wants to amend the contribution percentage for one employee. The amendment, however, would need to be made retroactive. What problem will this cause?

If a 50 year old individual has begun taking substantially equal payments from a plan and later divorces, what is the effect on the substantially equal payments. The plan balance will likely be split between the spouses.

* Is there any way to provide spouse with a pro-rata obligation to pay their share of the substantially equal payment?

* Will the IRS allow for a reduction in the amount of the substantially equal payment (I don't think so)?

* Or is there any other way to avoid having half the balance required to pay the entire distribution amount?

Can anyone briefly explain how vacation benefits can be considered a "qualified benefit" under Code Section 125? The tax management portfolio on cafeteria plans makes the statement they are without attribution. Since Section 125 defines a qualified benefit as any benefit which with Section 125 is not includible in gross income by reason of an express provision of chapter 1 of the Code (with certain exclusions). Similarly, on what statutory basis do the proposed regulations govern vacation programs. I could see vacation days as a taxable benefit under 125, like cash, but not as a nontaxable benefit.

Do you know where you purchase an inexpensive "boiler-plate" cafeteria plan document for eithe a POP plan or a POP plan with spending accounts? Thank you!

Does anybody know of an investment broker, bank, mutual fund family, etc. who is willing to be the trustee of a qualified plan that's partially invested in trust deeds?

In your daily recordkeeping system, how do you track accrued contributions for individuals for purposes of determining the balance to use for required minimum distributions? Would your system automatically add a contribution made on September 1, 2000 for 1999 to the 12/31/99 balance to show you the amount to use for a year 2000 required minimum distribution?

Can an IRA hold a stock in a non publicly traded security? If yes, can this be transferred to a Roth IRA? There is no way of valuing the stock without hiring a person to perform an appraisal.

If a named 401k beneficiary rejects the distribution on the death of the participant, what options are available to the administrator?

I have an employer with 650 employees. The company wants to change the prescription benefit that it offers to the retirees on the plan. They want to make it so that the retirees and their dependents go onto PACE or contribute $100 towards the cost of their prescription coverage. Is this considered discrimination under ADEA guidelines. Also, they want to hold an open enrollment for just prescriptions--has anyone heard of this?

I'm currently taking a Compensation and Benefits course as an elective in my MBA program and have been asked to give a presentation next Thursday on Compensation with Restricted Property. I have found the IRS code 83 but other than that I'm having difficulty finding information about this type of compensation - advantages and disadvantages to employer and employee, legal concerns, history/background. If you have any information you can forward to me or know of a site where I may be able to do some research I would certainly appreciate your help.

I am looking for information on Section 127 Educational Assistance Programs.

Is an administrator required to maintain the program and if so where would I find a pool of administrator candidates ?

If an administrator is not required, what procedures, forms, filings, etc... would the employer be responsible to maintain ?