Help! I'm new at this. Is there a special clause in fed regs to override a plan document regarding the deadline to submit eligibleclaims for prior year expenses?

Employee abandons job in 1999, gets called to military duty in Kosovo 2 months later, and later submits medial FSA receipts two months past the deadline in 2000 and claims a military right. Is there such a thing?

Situation: DB Participant is awarded retroactive monthly payments going back 6 years.

Court found that certain service should have been credited. Sponsor decided to drop appeal proceedings.

Should, or can the sponsor pay back benefits with interest? Document says nothing about such a situation. Court did not address interest on back payments; simply addressed service crediting.

Anybody run across a claim for interest on back payments?

A rabbi trust funds a supplemental pension plan. Company wants to pay gratuitous retirement benefits that are outside of the supplemental plan out of rabbi trust assets.

Any issues?

There is no DOL rule for 125 plans similar to 401(k) because there is no transfer of funds. The benefits ARE paid out of the general assets of the employer.

Corp. A sponsors a 401(k) plan in which wholly owned Sub. B participates. In 1999, Corp. A owned Subs. C, D and E in addition to Sub. B. During 1999, all Subs. except B were sold. How does the "transfer of less than 85% of assets of a trade or business" rule apply to the above scenario, if at all?

Participation by the spouse of a 100% shareholder.

If a money purchase pension plan freezes accruals (and complies with 204(h) notice at that time) is it necessary to provide a second 204(h) notice upon subsequent termination of the MPPPlan??

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Does anyone know the Treaty provisions for the taxation of U.S. pension benefits paid to Canadian spouse upon the death of a U.S. participant? The participant resides in Canada but works in the U.S. for a U.S. company.

Can anyone clarify how we are to complete the schedule a form for a defined contribution plan? Part II, #3 and 4. What amounts are supposed to be entered for these questions.

Is there a list of insurance carriers that are approved from whom to purchase annuities? My boss seems to think there is. He thinks the DOL may be involved in this list. It is not the list of state guaranty associations published by the PBGC.

For a CT 401(k) plan, could these be the participant classes:

1. Owners

2. Non owners who have elected not to defer

The employer would then provide a matching contribution to those that defer and a p.s. allocation to those who did not defer.

I'm sure that the employer could not allocate a p.s. contribution to only those that defer; that's the definition of a match. But, can a class exclude those who are deferring?

Doctor is sole participant in a frozen DB plan. The plan is substantially overfunded. Doctor now wishes to participate in a different plan, maintained by a member of the same affiliated service group. Can he do so? It appears to me that there should be no problem especially given the repeal of 415(e). Can anyone confirm this or correct me if need be?

Thanks.

Our pension system automatically is bringing over the amount of the Plan Year contribution and earnings minus the distributions as the Plan expenses. Is this right? I can't locate any instructions for the SAR. Thanks in advance

The employer maintains 401k plan w/ ER match. The plan has a last day rule. When the plan is disaggregated for coverage purposes, the 401(m) portion fails the Ratio Percentage Test. Is this portion (matching contributions only) of the plan tested separately for the Average Benefits test to see if coverage is passed?

When a participant "buys back" his forfeiture, do I establish an after-tax or pre-tax account for him? Assuming the answer depends upon the source of the money coming back to the plan, i.e. IRA rollover or personal funds, do I have any responsibility to verify the source? What if the source is both?

Company X currently sponsors a SIMPLE IRA for its eligible employees. Company X has a fiscal tax year which begins on October 1 and ends on September 30. I know that Company X cannot maintain a qualified plan at the same time it maintains a SIMPLE IRA without violating the SIMPLE IRA's exclusive plan requirement. However, can Company X implement a qualified plan on October 1, 2000 (the first day of its 2000-2001 fiscal year) even though it maintained a SIMPLE IRA (to which contributions were made) during the 2000 calendar year? Put differently, if Company X terminates its SIMPLE IRA before October 1, 2000, may it then implement a qualified plan effective October 1, 2000, without violating the SIMPLE IRA's exclusive plan requirement even though it did sponsor a SIMPLE IRA between January 1, 2000, and September 30, 2000?

The Code states that the relevant measurement period for purposes of applying the exclusive plan requirement is the calendar year (see Code § 408(p)(6)©), but does anyone know whether the IRS permits the rule to be applied based on the plan sponsor's fiscal year in lieu of the calendar year?

Our Risk Management department is looking at providing certain risk policies through a captive insurance arrangement as has asked if our company health & welfare benefit plans can be used to meet the 30% unrelated business requirements. From what I've seen, setting up a VEBA for benefit plans is a much more efficient way of funding benefit plans. Does anyone have any experience in attempting to fund employee benefit plans through a captive?

I have a 403(B) plan document that has individual Trustees named.

The account is a pooled investment account with a bank custodian.

I have a concern that 403(B) plan has named Trustees

Any thoughts on this?

The 403(B) in question is a church plan, although I don't think that changes the issues

Much thanks

Pat Insall

In the past we offered participation in our 401(k) plan to temporary agency employees that worked for us over 1,000 hours. The situation has come up again but the temporary agency doesn't know how to handle it at their end. Any help would be appreciated.

Participant in 401(k) turned 70.5 in early 90's. Took Min Distributions until 1997 when they elected to cease receiving. Participant terminated in 2000. How do we calculate the minimum distribution? Does original election apply or do you create new election? If they choose to rollover, do you take Min Distribution prior to rollover? If so, then which election?