Do you know of a 403(B) plan that allows a one-time irrevocable election? Does the employer include the contribution made pursuant to the irrevocable election in the employee's FICA wages?

Does the incidental benefit rule apply to elective salary deferrals under a 401(k) plan? "Seasoned contributions" (i.e., contributions that have accumulated under the Plan for at least 2 years) under a Profit Sharing Plan can be used to purchase life insurance without regard to the incidental benefit rule. But, this exception is based on the principle that these contributions may be withdrawn from the Plan. Elective salary deferrals, on the other hand, cannot be withdrawn until a distributable event under Code section 401(k)(2)(B) has occurred. Therefore, it would seem that 401(k) salary deferrals are subject to the incidental benefit rule -- even if they're otherwise "seasoned contributions". Any thoughts? Thanks.

Does anyone have a worksheet to calculate contributions for self-employed participants? It seems everyone calculates the compensation and contribution differently.

Thanks

What forms and/or initial actions need to be taken by plan sponsor with the IRS to start the process of fixing some errors in a 401(k) plan thru the VCR program? (Assuming that these errors would fall under guidelines of using Standardized VCR Program.)

Thank You.

Regarding the DOL's aggressive attitude regarding employee withholding remittance date contribution requirements, I've got a question.

In brief terms, these requirements are that the employer needs to remit (or at least segregate) employee salary reductions to a 401(k) plan as soon as they can reasonably be segregated, but no later than the 15th business day of the following month.

My question is this...in order to fulfill this requirement, can the employer "accumulate" these withholdings in a separate account during the course of the month and then pay to the plan sponsor on monthly basis? (I think they can). And also, can the employer (which currently shoulders the burden of the total plan cost) use the accumulating interest during these months to help pay for the plan costs, thus avoiding the burdensome task of allocating this interest?

I terminated my employment in May of 2000. Plan year ended June. I am still waiting for my distribution check which my former employer is continuously delaying and only giving lame excuses. (Latest being the brokerage house is moving). The employer has received all of my signed distribution documents which were required.

Also, I have contacted the DOL as I have been trying to clear up other issues with this pension plan and employer, and was told they don't handle Pension Plans - only the PWBA does. What's up with that?

Thanks for any advice.

Have a client who has a girlfriend and IRS problems. His only visible asset is a Defined Benefit Plan and his goals are to make sure the girlfriend has income for her life and afterwards to set up some sort of charitable deal in his deceased son's name. Can he buy life insurance in the plan and name a CRT as beneficiary with his girlfriend being the income beneficiary of the CRT. If the IRS doesn't go after the assets while he is alive will they probably just go get them after he dies?

Thanks

Matt Tuttle

Can a family owned or closely held corporation deduct LTC premiums for non-employees who are significant shareholders (spouse / children)? If the corporation pays for the LTC, is that taxable to the employee? Or would the tax treatment be similar to health insurance for family members?

I have a 100% owner of a company who wants to invest his 401(k) account balance back into the company. He has already maxed his personal loans from the plan. Currently there is no company stock in the 401(k) plan. My quesions are: What are his options for investing his account into the company? What options does he have without it being a prohibited transaction?

A QB became eligible for COBRA coverage Aug1. They elected and paid one months(Aug) premium on Sept17. On October 20 he paid another months premium(Sept) therefore catching up within the 45 day time frame. When do I start counting the 30 day grace period for the October premium? I am assuming he must pay the October premium by October 30 or his coverage will be cancelled October 1. Thank you for any help!!

Can a decedent's death tax exemption include his IRAs?

If this question has been answered on an earlier thread please lead me to it.

A Merrill Lynch "1999 Pension Plan Comparison Chart" describes a SIMPLE Plan as being similar to a 401k but not limited to 15% or 25% of compensation.

Is there no Sec 415© limitation with a SIMPLE Plan?

Could a sole proprietor with no employees contribute 100% of SE income (up to $6,000) plus a 3% match? I've looked everywhere I can think of and can't find an answer.

I was just wondering if you would receive non-taxable money (not earned income) from a court settlement if it would be possible to say take a full paycheck (2000.00) and use it as a contribution to your Roth and then use your non-taxable settlement money to supplement your paycheck. Would this work?

IF Section 401(a)(11) does not apply to government plans- hence no j%S requirement- what do you do to determine the interest rate for lump sum payouts from a DB plan- what interest rate should be used- Gatt? or something else? How do you calculate present value in a Government DB Plan?

When calculating the most valuable benefit (MVAR) for a plan with no subsidies but with a lump sum ( using GATT rate first day of plan year) available at termination of employment, wouldn't the lump sum be the most valuable benefit, with the low current GATT rates resulting in an inflated MVAR?

Or, does the lump sum get ignored? There seem to be different interpretations of whether a lump sum which is "subsidized" only by low discount rates is considered or ignored.

If the lump sum is considered, is it proper to assume no change in the GATT rate?

Opinions or interpretations?

I work for a large educational institution responsible for paying insurance carrier bills. Starting next year we will be offering two insurance plans to employees that will be self-funded. The insurance carrier will pay the claims and we will reimburse the carrier for the claims paid on a monthly basis. How can I ensure that I am paying the proper amount each month? Do other companies hire an outside firm to audit the claims? If so, how many times a year is this usually done?

A participant terminated in January 2000. We provided her with benefit elections forms after the January 30, 2000 valuation was completed.

She was paid by the Trustees in May 2000. Lo and behold, when we come to the September valuation we learn that she had been rehired in April. No one told us or told the trustee not to pay.

This is a 401(k) plan. She is 49 years old. She took the money in cash (less her $900 loan) and of course it's been spent.

What should happen now?

In setting up a NQDC plan (employee will have a hypothetical account balance, which is credited with earnings at a specified rate each year; account balance paid in installments following retirement, with lump sum death benefit if death prior to retirement), our consultant is concerned that the payment of the death benefit in lump sum will not be deductible in full in the year paid. Any thoughts? Thanks.

A Canadian citizen wants to sponsor a qualified plan for the U.S. corporation that he owns. He has a U.S. social security number and pays U.S. taxes. Although he owns a house in the U.S., his main residence is in Canada. He and his wife (also a Canadian citizen) will be the only participants in the plan and they would like to also be the trustees. Can they be trustees even though they are not U.S. citizens? Where in the regs is this addressed?

In 1998 I converted my Traditional IRA to a Roth IRA. I did this so I could spread out the taxes over the next 4 years.

Now I want to withdraw approximatley the amount that I have not paid the taxes on yet for a first time home purchase. Though, I have not yet fulfilled the 5 year holding period for the ROTH.

Can I make this qualified withdraw? Or do I have to recharactorize to not be penalized. Or am I out of luck?