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Real Estate assets in DB: Prohibited Transaction
DB Plan of Co. A wants to invest in unrelated real estate partnership (Co. b). Investment rules presumably subject to ERISA 407 and 408 rules? Instead of cash in return, Co. B some real estate of Co. A's subsidiary. Any issues here?
Roth IRA - can it invest in startup company?
Does anyone know if a Roth IRA can invest in the startup funding for a company. The idea would be that a check is cut from the discount stockbroker account to the startup company in the name of the Roth IRA. The stock certificate would be in the name of the Roth IRA. Post IPO the stock would be deposited back into the Roth IRA account.
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Richard
Southern Users Group Meeting (non members welcome)
Fri May 26 - Sat May 27, Memphis,Tennessee
8:30 Registration
9:00 Business Meeting
9:45 Demonstration of FDP Client Management and Proposal System (These systems are going to be adapted for Quantech)
11:45 Lunch
1:15 Quantech tips, etc. After 10 years on Pentabs and Quantech I've got plenty to share / demonstrate, etc ( by Tom Poje)
....
6:00 dinner at Peabody Hotel
Saturday 8:30 - 10 Breakfast, roundtable discussion, Quantech enhancements
afternoon (optional) Graceland tour
contact Maggie Heffernan for more details
(770) 641-1429
e-mail mheffernan@afg-online.com
Lump Sum Payout of LTD Benefits
What are some of the main issues to be concerned about in determining whether to take a lump sum payout of LTD benefits?
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Lump Sum Payout of LTD Benefits
What are some of the main issues to be concerned about in determining whether to take a lump sum payout of LTD benefits?
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Distribution of forfeitable portion of terminated employee account
What steps need to be taken if a terminated employee receives more than his/her vested portion of the account balance?
Early Roth withdrawl, what are the penalties?
I am 31. I have a Roth with about 25k worth of stocks in it. I want to withdraw 3k from this account. What are the penalties if I do this and how do I do it?
Stated-mandated coverage for well-baby & well-woman exams
I am trying to find written confirmation of PA law regarding coverage for well-baby and well-woman exams under group health insurance policies. Can someone point me in the right direction?
Loan from a terminated 401(k) plan.
Can a participant take a loan from a terminated 401(k) plan? The plan has filed for a FDL on the termination but can't distribute balances until letter has been received. Employee wants a loan in the meantime. I've not been able to find any specific cite against it. Any suggestions?
Benefit levels for non-union, hourly EEs
Does anyone know where I can find surveys related to the level of retirement benefits provided to non-union, hourly employees of US employers?
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Taxable IRA Distributions
Is it possible to claim tax losses on stock purchased under an IRA if the stock is transferred to a regular brokerage account? I understand that regular income taxes must be paid on the distribution. (I'm over 62 1/2 years of age, and considering a lump sum distribution before age 70 1/2.)
Employer reduction of key employees' elections for current year--is it
Our client has a medical reimbursement plan that became effective this year. The benefits elected by key employees would cause the available reimbursement amounts to exceed the 25% limit by a small amount. These employees have made no claims as yet.
The TPA has advised the client that they must unilaterally reduce the keys' available benefits in order to meet the test--so far, so good. But the TPA also insists that even though the benefits amounts are reduced before any benefits are paid, the keys' total reimbursements for the year must be treated as taxable income, or the plan will be subject to penalties and fines.
I'm sure the penalties and fines part is wrong, and I'm also very dubious about the need to take reimbursements into income if the employer reduces the key employees' available benefits prospectively. What would be the point of any corrective reduction if the benefits would be taxable anyway?
The TPA says that the IRS thinks that the TPA's position is correct.
Any thoughts?
Can a temporary agency offer health benefits?
I own a temporary help agency and would like to decrease employee turnover by offering health benefits. Can I do this and what are the potential pitfalls?
Naming minor as primary beneficiary?
Provided the plan document does not specifically prevent it, is there any reason a single parent enrolling in a 401(k) plan could not designate the participant's child as the primary beneficiary and the participant's parents as contingent beneficiaries? The participant's child is still at the toddler stage and the participant's life insurance would not allow the participant to designate a minor as the primary beneficiary.
Any other suggestions about how to handle this designation (does the designation need to name a legal guardian in case of the participant's death)?
Calculating Earnings on Excess Contributions
A client made an excess contribution to his IRA in October 1999. That contribution was invested in a money market fund, while the rest of the account was invested primarily in equities. The whole account is valued at over a million dollars.
UPI's guide basically says to pro-rate the earnings on the whole account for the entire calendar year. In the scenario above, because the whole account is large and invested in equities, the earnings on the account were large (15-20%) for the whole year. However, the contribution was made late in the year and invested in a money market fund yielding roughly 4.5%.
The difference in calculations is significant; one shows earnings of $700 on a $2,000 contribution. The other shows earnings of about $20. Since the client will pay taxes and may be penalized on the excess amount, that is a very important difference.
Any input from law (as opposed to just what one firm does versus another firm)?
Municipal employers and ERISA
I would really appreciate some guidance in this area. We were told by an ERISA attorney that self-funded health benefits plans maintained by a division of a municipality (in this case a school board, but question applies to city maintaining a plan as well) were exempt from the disclosure requirements of ERISA section 1. Because of this, they did not have to issue SPD's to their enrollees. What I don't know is this: are they also exempt from other ERISA requirements?? If so, are they regulated under any state insurance laws such as mandatory benefits, or as in Ohio, a law that sets up a mandated review process? Any insights or leads to where I might find additional information would be greatly appreciated.
Nationwide link
Does anyone use the Nationwide Investment Link?
I have a plan where each person has a segregated account with Nationwide/Best of America.
I can't seem to find anyone at Nationwide that knows what I'm talking about when I mention Quantech. Someone at Nationwide mentioned DST Downloads, but I was looking for something similar to the Manulife Link.
I've called Corbel a couple of times but have had no luck with the people they suggest I contact.
Thanks!
Top-paid Group
I have a company with 3 owners (each owns 33%). The owners' father and separated wife work there as well. They all earn over $80,000. The top-paid group would include 5 people. There are a number of people at the company who have compensation greater than than the owners. Would the top-paid group have to include these 5 family members as owners, or would it include the actual top-paid employees?
I don't think I've heard this discussed yet - In light of 2000-14, how
Say a controlled group of employers has adopted the same PS plan and each employer has reserved the right to determine its own PS contr. for its employees.
Will the IRS not allow even this?
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Andy Treece
Minimum participation requirements; how to treat rehired employees who
I am having trouble identifying how to treat rehired employees in the following circumstance. I have read through the 410(a) regs, but the answer is not clear to me. The document ONLY talks about the rehire of a PARTICIPANT, not a former employee:
Employee worked for the employer 6 years, then terminated for 8 years. Recently the employer adopted a 401(k) plan.
Since the employee was never a participant, because the plan was not in existence, his previous service is not disregarded under the break in service rules. Do they recognize prior service and let the employee enter the plan immediately? Or is he treated as a new employee?









