I need some advice. Do you recommend allowing participants to pay-off defaulted loans using after-tax funds? Do you know of any record keeping systems that are set up to do this? On the same topic, are there any record keeping system that calculate interest on the defaulted loans?

Thanks!

A Plan Sponsor/Trustee in a daily-valued, trustee-directed profit sharing plan keeps forfeiture money in the funds they were invested in at the time of the forfeiture rather than moving the money to a stable value fund. Forfeitures are reallocated.

1) a) At the time of reallocation, if the funds the forfeiture money is invested in have lost money, is the plan/sponsor trustee required to contribute the amount of the loss to the plan?

b) If so, is this contribution deductible?

2) If the funds the forfeiture money is invested in have earnings, what happens to the earnings (do most documents cover this)?

If a plan is top heavy for a plan year do practicioners assume continued top heavy status for determining projected benefits?

[This message has been edited by Don N (edited 06-08-2000).]

The question is pretty much contained in the subject heading. 4044(d)(2) provides that if an amendment grants the employer a right to a reversion of excess assets or increases the amount of the reversion an employer may receive, then that amendment cannot be effective for 5 years. Plan amends to switch to GATT rates effective 1/1/2000, as required by law. This in practice increases the chances of a plan having excess assets, and increases the amount of excess assets and plan will have. Does this amendment trigger the 5 year waiting period?

I'm trying to do a realistic comparison of converting or not converting to a Roth and need to know what approach is most commonly used by planning/tax professionals to equalize the performance of the IRA and the taxable accounts.

I realize that when evaluating a Roth conversion it's mandatory that the IRA and the Taxable accounts' pre-tax, composite performances (interest, growth, dividends, distributions, etc.) are the same. That is, if the IRA's overall performance is less than the taxable account, it's an unrealistic bias against the conversion, and if it's more it's an unrealistic bias favoring the conversion. So, for a meaningful evaluation of converting vs. not converting, both accounts must have the same composite performance.

What I'm really struggling with is, what assumptions/changes do others commonly make to the taxable account to equalize the performance of the two accounts?

There are two obvious answers. One straightforward answer is that if the taxable account consists of ONLY stocks and funds- the composite percentage of the stocks and funds growths plus dividends plus distributions should be the same as that for the composite IRA account.

But for my case the taxable account has tax-free, US government paper, corporate bonds and preferred stock, and it's composite performance is less than my IRA account's (I understand that this is a dumb situation that should be fixed regardless of the conversion issue). So what approach is most commonly used/recommended by pros to equalize the composite performance of the two accounts by changes to the taxable account? Should I simply increase the assumed growth of the stocks and funds, or "sell" all of the tax-free, US stuff, and bonds and "buy" more stocks and funds with the proceeds, assume that the taxable account has the same equities as the IRA account, or ?????

Thanks for any help offered.

What happens is after you have $2,000 in a Roth IRA account your AGI for that tax year exceeds $160,000

Profit Sharing Plan, Several doctors and common law employees. The company wants to charge terminated doctors with segregated accounts their share of the fees (management fees and administrative fees)the terminated doctors agree to pay their share while in the plan knowing that if they roll out to IRA's they would pay more fee by themselves. The company wants to pay the remainder of the fees outside the plan. Since terminated HCE's no longer provide an economic benefit to corporation can you charge their share of fees to their segragated accouts.

Does a pre-deceasing wife's estate tax return include her "community property" half interest in term life insurance on the surviving husband--who is also the policy owner. This is a novice question from a community property state, Texas. Thanks.

Don

Is there anything preventing a private non-profit entity from being named as trustee under a 401(k) plan?

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Just wondering if anyone has had any experience with the following:late or deferred retirees get the greater of an actuarial increase or continued accrual;does a freeze amendment supercede the plan's provisions regarding late retirees? a cite would be great also.

Any idea where we can get a list of NAIC codes? We contacted one of the very large insurance companies where one of our client's funds were invested, and they acted like it was some classified information or something.

The active interest credit is the rate that is applied to the hypothetical account balance for actives and the inactive interest credit is the rate that is applied to inactives. This has nothing to do with pay based credits.

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I believe the article is right on target.

Let's have some additional reactions.

Plan specifies that normal retirement age is later of 65 or 5th anniversary of the date on which the person joined the Plan. Does the "5th anniversary" provision imply that 1000 hours were completed during each of the 5 years? Plan silent on this question. Thanks for any input.

Any comments on this new notice?

Does anyone have any recommendations for a nondiscrimination software package?

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Anybody know what is the purpose of IRS Reg. 1.411(d)-2((a)(2)? In the context of a DB plan? In the context of a DC plan?

I am looking for a copy of IRS Notice 87-13 regardiing the exception of the 10% premature withdrawl penalty from a qualified plan to a participant who has separated from service upon attainment of age 55.

Have a situation where a participant terminated employment about 10 years ago( she's also a trustee) and now she is 57 and wants to take money out of a profit sharing plan that allows for distributions, but she doesn't want the 10%.

The way I read 72(t)(2)(a)(v), the plan has to have an early retirement provision, which this plan does not. Even if the plan did, I believe she would have had to have terminated (separated from service)AFTER attaining age 55 AND elected an instalment payout in order to not have the pre-59 1/2 penalty apply. He seems to be hung up on the "retired" language. A terminee is not a retired participant unless he has met the requirements for normal retirement.

The accountant is telling me this couldn't possibly be correct; he postulates that since she is NOW over 55 that she can take a distribution w/o the penalty. I don't see how this has any bearing on the intent of the law.

I have an employer who missed including a small payroll in his monthly 401k deposit for Jan of 1999. The error wasn't discovered until the year end reconciliation was being done in Jan of 2000. The employer immediately deposited the contributions to the trust. They will submit a 5330 for 1999 to pay the excise tax. Are they required to file a 5330 for the 2000 year and again pay an excise tax because the amount remained outstanding as of 1/1/2000? Also, should the employer contribute lost earnings and how should the earnigs be computed?