An employer has an employee who is out on workmen's comp, receiving 60% of their pay. The employee is going to be eligible to join the 401(k) on April 1st. Does the employee get to enter the plan on 4-1-00 or does the employee have to wait until being actively back to work. If the employee has to wait, does the employee have to wait until the next entry date or does the employee get to start deferring as soon as the employee goes back to work? If the employee can enter the plan while out on workmen's comp., how does the employer do deferrals since the employee is not getting a paycheck?

I'm working with a client that has had a SIMPLE IRA for 1999 and so far in 2000. He would like to start a 401(k) p/s plan for 2000. Does anyone have ideas for getting around the SIMPLE exclusive plan rule? Can he terminate the SIMPLE now and start a 401(k) with a short plan year? I know it dosen't work the other way around (terminate qualified plan and start a SIMPLE mid-year), but would appreciate any ideas. Thanks.

IRC 457(e) defines an eligible employer for 457 plans as:

(A) a State, political subdivision of a State, and any agency or instrumentality of a State or political subdivision of a State, and

(B) any other organization (other than a governmental unit) exempt from tax under this subtitle.

Does anyone agree or disagree with my interpretation that entities that are organized as independent boards pursuant to federal legislation and Indian Tribes would not be "eligible employers" for 457 purposes and so would not be subject to either the $8,000 deferral limit or the trust requirement? If these employers are not subject to 457, are they then subject to the same deferred compensation rules applicable to corporate plans?

Thanks for any guidance.

Jim Colville

Employer has an ESOP plan in which 5 employees with over 5,000,000 in distributions will be due in two years. Plan document allows for immediate payouts or installment payments over 5 or 10 years at the election of the participant. Employer

can't pay the put with out overly encumbering the business. Anything they can do?

Our annual open enrollment season is June of each year. If an employee's spouse's employer holds their open enrollment in December of each year, is that an valid status change to allow the employee to drop our health coverage mid-year?

I need some advice/guidance on how to backup my Quantech server. Corbel provides some batch files that will backup the Oracle database directly to the tape drive, however I want to do the backup to a file on the hard drive and then do a full backup of the server using the backup software. I have been unable to get this to work. Any ideas on how to do the backup? How are other people doing this backup?

Could someone please explain to me what a Quantech Terminal Server is and what it does?

Help, need an actual example of a defined contribution plan used in an actual collective bargaining agreement. Anybody with good examples, please help and email me at: doniec@hotmail.com THANKS!

In 1998 I converted a $10,000 traditional IRA to a Roth IRA, and elected to spread the income over 4 years ($2,500 each year). Therefore, on my 1998 tax return, I paid tax on $2,500 of the $10,000 at the 15% tax rate [10,000*.25*.15] = $375.

In 1999, I recharacterized the entire conversion back to a traditional IRA. On my 1999 tax return, how do I reclaim the $375 I paid in extra tax last year? Or do I just make my traditional IRA "basis" $2,500?

What are the consequences (tax, penalty, etc.) on taking out 100% of my Roth IRA? I converted in 1998 and paid the first 1/4 taxes in 1999. I have earnings of approx. $20,000 from investing it in stocks. Are these earnings taxable? Is the 10% penalty on the principle or the whole amount (75k)? Is there any exemption for taking the money for business start up capital? And lastly, if I really need the money now, am I still crazy to take it out, considering all the penalties?

Could someone please explain to me the difference between W-2 wages and 3401(a) wages? Does 3401(a) wages automatically include Sec. 125 contributions?

Individuals who work for two unrelated companies during a year get two 415 limits, or up to the lesser of 25% of pay or $60,000.

Three shareholder doctors in Service Corp A and three sharholder doctors in Service B (unrelated) dissolve their corporations as of 2/28 and form Service Corporation C effective 3/1, with the six identical shareholder doctors. Can they exceed the $30,000 415 limit based on comp in the two companies, or are Corps A, B and C considered related?

Since 403(B) plans are not subject to being top-heavy, can I safely conclude that 403(B) plan balances are not used in determining whether or not other DC plans of the employer are top-heavy?

How does one go about setting up a Section 125 Plan???

The EEOC recently sent a client a request for voluminous and detailed information related to the client's cash balance plan. Has anyone else received a similar request? If so, have you been willing to voluntarily produce all of the requested information, or have you drawn the line somewhere? Any thoughts or suggestions would be appreciated.

Participant elected to not participate in the 401(k) plan yet contributions were deducted from his paycheck. This occured in 1999.

I would recommend that the excess contributions plus earnings be distributed back to the participant in the form of a refund with a 1099-R issued for 2000. Can this be done any other way?

A nonqualified plan has two distribution options upon retirement or separation from service: annuity payments and a lump sum. When is the latest that a participant may make an election for the annuity without violating the constructive receipt rules?

Facts: Bank holding company has four separate banks as subsidiaries in four locations in two states. The insurance benefit plans are all fully insured.

Each bank and the holding company offer employer sponsored health, LTD, life, and dental plans to employees. Currently, each bank and the holding company has offered different plans to it's employees.

The holding company has been told ERISA requires all banks under the holding company to offer the same benefit plans.

Can anyone give me verification or refute this advice and a place to go for back up?

Thanks for any information.

Facts: Doctor Group "X" has three valuable and talented management level employees. Other doctor groups realize the value of these employees and would like to utilize their management services as well. Idea is to form a new corp. "A" that would be owned 50/50 by Doctor Group "X" and another unrelated Doctor Group "Y". The three employees would move to A and would perform management services to X and Y on an ongoing basis. (Physically, the employees would remain where they have been). The employees will also perform these services for other doctor groups on both on-going and short-term basis.

Lots of issues.

"A" does not really want to set up its own retirement plans unless it has to.

First, A may be a management service organization with respect to both X and/or Y such that A's employees could participate in either of X or Y's retirement plans. Any thoughts on whether it would constitute an MSO when performing these services for other companies as well?

Second, the employees (after performing these services for one year) could be considered leased employees if the work is done on a substantially full-time basis. Can you be a leased employee of more than one company? I assume not (ie, that you can't be working substantially full time for more than one company).

Third, it could be that they are really independent contractors performing management services to various companies such that A would need its own retirement plan.

I realize that this is very facts and circumstances oriented and that there are no clear answers. I would just like some thoughts on how others may choose to attempt to structure this.

Thanks in advance for any comments.

Do any of your DB Plans reject the request of an alternate payees (AP) for distribution at ERD if the participant is not in pay status? If the ERD distribution is met for the AP, how are the Participant's benefits adjusted once he/she commences benefits? Has anyone amended their plan to offer options to immediately payout APs in a DB Plan pursuant to a QDRO? If so, how does it work?