I need information on any Seminars or Publications available on how to become Compliant with the Department of Labor pertaining to Pension Plans & Profit Sharing Plans. I need to create an Accounting System for our Pension Plan and need some help in developing this. Any seminars on this would be most helpful. Thanks in advance.

The language you quote is originally from DoL Reg. 2530.200b-2(a)(2). It is counted for all purposes (not just to avoid a break in service). (See 2530.200b-3(a) for official confirmation of that.)

That said, you can have a plan that counts only "working hours." But a year of service is then 870 hours, and a break in service is 435 hours. (See 2530.200b-3(d).

Looks like you got an answer to this one on the Church Plans message board, from my former partner Danny Miller, who definitely knows what he is talking about in this area.

http://benefitslink.com/boards/index.php?showtopic=2050

All Section 125 plans (including premium conversion plans) should have all proper testing done and any company that is not insuring it is, is risking their entire plan. Testing should be done prior to the beginning of the plan year (as was discussed in the last posting on this topic) and appropriate adjustments made to insure compliance prior to the start of the plan year. Interm testing may also be required if there is a significant change in participation during the plan year and appropriate adjustments, if any, made at that time. For example, a large group of employees are hired or the company downsizes either situation could radically alter the testing results.

I am about to switch to unit accounting on some accounts...

Anyone doing it? How is the conversion process utility? Any problems of note? How is the div. utility?

(anyone moving to bay area, need a job?)

I am a 28 yo med student interested in opening up a roth. I would also like to purchase a home down the road. I understand that 10,000 is withdrawable, but the roth owner must be a first time homeowner. Does anyone have the precise definition of first time homeowner?

Does anyone know if Electro Dermal Screening is an eligible expense, aka EAV - EAV stands for "Electro Accupuncture according to Voll." The clinic states that this is FDA approved for investigational purposes only. I'm not certain what this means but evidently the office visit was for skin/probe read outs. This procedure has no needles but more of an electrical read out. Any help here would be well appreciated. Help!

I am relatively new attorney (associate) in the EB field and have been asked by a partner to begin drafting a KSOP. Therefore, I'm looking for a model KSOP document. Does anyone have any thoughts on where I might locate one?

We have taken over a Plan that currently uses the Elapsed Time method of crediting hours of service. Our document, however, only allows for acutal or the equivelancy method. what if any would the impact be of swithing the plan over to the actual method mid plan year? Should something like this be done at the start of the Plan Year?

I am 27, and will likely be leaving my current job. Upon leaving, I have the option to rollover my retirement earnings into an IRA.

I do not yet own a home and would to have the OPTION of using part of my retirement as a down payment on a house. I understand that one of the allowable hardship withdraws is for the purchase of a new home. However, I am not clear on how this works exactly.

Does this work with Both a Traditional IRA and a Roth IRA?

Do I have to wait 5 years before making any hardship withdraws?

Anything else I should be aware of?

I negotiate contracts for employee groups in public schools. One small country CPA has convinced the Board of Education that it is permissable under the Code to give employees the choice between employer-paid health insurance or a contribution by the employer to a 403(B). I don't believe this is permitted; I believe in either the case of the annuity or Section 125 plan cash has to be one of the options.

Where can I find something definitive on this. (The CPA refuses to seek a letter ruling from IRS.)

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Ben

We are starting a search for a new Actuary and I need some information or samples of questions for an RFP. Can anyone help me out here??? Any help would be appreciated.

Client signed Resolution indicating a PS contribution for 1998. Contribution was never made. Annual report was prepared and statements delivered to participants. A subsequently terminated participant received a distribution including the 1998 "designated" contribution.

Employer is financially unable to make contribution. Can employer revise the 1998 annual report and deliver amended benefit statements to participants? How does the plan handle the terminated non-key employee who received the "designated" contribution?

The 1998 5500 does indicate a receivable employer contribution; no deduction was taken on the 1120.

We have a plan that terminated with a last day of 2/28/00. At 2/28/00 they had 1 check that was written but the participant has not cashed it. Can the 2/28/00 be the final filing date - i.e. accrue the distribution?

Can anyone help me out by pointing me to articles on the internet that show what amendments and requirements, from the 1986 act forward, 403(B) plans need to have made or be in compliance with? Thanks!

If a calendar year DB plan has a variable premium for 2000, my understanding is that an employee notice is required unless either:

1. the current liability ratio (assets divided by current liability) as of 12/31/99 is at least 90%,

or

2. 80% < 12/31/99 CLRatio < 90%,

12/31/98 CLRatio > 90%, and

12/31/97 CLRatio > 90%,

or

3. 80% < 12/31/99 CLRatio < 90%,

12/31/97 CLRatio > 90%, and

12/31/96 CLRatio > 90%.

Where the CLRatios in each case are the current liability (measured using the highest allowable interest rate at the date) divided by the market value of assets at that date.

This applies to plans with both over 100 participants as well as those with under 100 participants.

Is this an accurate statement of when the employee notice can be avoided?

It appears that small (say, under 20 employees or so) companies that provides stock options to all (or most) of its employees are likely to have Top Heavy 401(k) plans. Is this correct?

What I am thinking about is that key employees include the 10 employees with the most stock, including stock options (assume they all make over $30,000). [416(i)(A)(ii)]

In a fairly small company with stock options for everyone (or nearly everyone), there will almost automatically be 10 key employees under clause (ii). There probably won't be any other key employees under (i), (iii) or(iv) since they generally will already be included under (ii).

Now, if the company only has 15-20 employees and 10 are key, isn't it almost a certainty that a 401(k) plan would be Top heavy? In that case, wouldn't 3% company contributions required for all of the non-keys, even if they don't defer?

The "key" here appears to be stock options?

What have I missed?

My client has acquired an S Corporation with a 125 Plan where the S Corp owner has been participating in the 125 Plan. Does this disqualify the 125 Plan or is does this only affect the S Corp owner who should have included these benefits into income?

Does anyone know of any source of info regarding "defined contribution" health plans? I read occasionaly that companies are adopting such plans, but no one ever says who is nor specifically what it is.

My dependent converted a regular IRA to a Roth IRA, resulting in income in 1999 in excess of $2750. $2750 is the limit of taxable gross income that a dependent can have without becoming ineligible to be claimed as a dependent. My dependent had no other income whatever except the Roth amount. Can he or can he not be claimed as a Dependent on my return? All other IRS requirements for dependency are met.