Is an eligible 457 plan required to file a 5500 annual report? Is an ineligible 457 Plan required to file a 5500 nnual report? I ask because now that a 457 plan is required to have a trust fund it qualifies as funded deferred compensation under Code SEction 6058 and might have to file a 5500 annual report.

[This message has been edited by Dave Baker (edited 11-15-1999).]

Our ESOP has recently been approved for termination by the IRS. We are processing distribution forms for final distributions to eligible participants which will take us into early 2000. What is the suggested practice when you terminate a plan and cannot locate those last remaining participants? I would think we would like to clear out all assets of the terminated ESOP and place those remaining assets of missing participants in some other type of trust, IRA, etc. Any ideas? Thanks.

Can anyone provide me with a source that contains a good discussion of a WRAP plan (ie, a plan designed to allow the filing of a single 5500 for multiple welfare plans)? Does anyone have a sample document? What allows the use of a WRAP plan and filing of a single 5500 for multiple plans (ie, what statute, reg, etc.). Any help would be appreciated. Thanks in advance.

Owner of IRA ("X") wants to invest IRA assets in an LLC in which he owns 45%. The other owners of the LLC are unrelated to X. In addition to owning 45%, X will either be the manager or chairman of management committee of the LLC (ie, he will have operational control). Will this constitute a prohibited transaction? It does not appear to me that this would be prohibited since his ownership percentage is not at least 50%.

Next step (assuming first purchase is not a prohibited transaction) - assume X, through the initial purchase, purchases 10% through his IRA. Then, a year later, X wants to purchase more. Is he then conidered to own 55% (45% owned directly and 10% owned through IRA) due to his IRA holding in the LLC such that the second transaction would be prohibited?

Does anyone know what mortality tables are used to generate the life expectancies in Table V and Table VI for Section 72 of the Internal Revenue Code?

If a participant “retires” and is rehired each year for several years in a plan that grants an allocation to participants who retire, should that person get an allocation each year, even if the person does not meet the requirements for an active participant (hours and/or last day)?

IRS Regulation 1.411(a)-5 (shown below) says that for a plan that uses computation periods, service within a computation period during which an employee attains age 22 must be taken into account for vesting. Should this regulation be used for guidance as if it had been updated to replace "age 22" with "age 18"? Or should the regulation be ignored since it has not been updated?

1.411(a)-5 Service included in determination of nonforfeitable percentage.

(a) In general.

Under section 411(a)(4), for purposes of determining the nonforfeitable percentage of an employee's right to his employer-derived accrued benefit under section 411(a)(2) and § 1.411(a)-3, all of an employee's years of service with an employer or employers maintaining the plan shall be taken into account except that years of service described in paragraph (B) of this section may be disregarded.

(B) Certain service.

For purposes of paragraph (a) of this section, the following years of service may be disregarded:

(1) Service before age 22.

(i) In the case of a plan which satisfies the requirements of section 411(a)(2) (A) or (B) (relating to 10-year vesting and 5-15-year vesting, respectively), a year of service completed by an employee before he attains age 22.

(ii) In the case of a plan which does not satisfy the requirements of section 411(a)(2) (A) or (B), a year of service completed by an employee before he attains age 22 if the employee is not a participant (for purposes of section 410) in the plan at any time during such year.

(iii) For purposes of this subparagraph in the case of a plan utilizing computation periods, service during a computation period described in section 411(a)(5)(A) within which the employee attains age 22 may not be disregarded. In the case of a plan utilizing the elapsed time method described in § 1.410(a)-7, service on or after the date on which the employee attains age 22 may not be disregarded.

Does anyone have or know where I might find any information on the comparison of tax savings between a dependent care plan vs. useing the child care tax credit? Any help in this area is appreciated. Thanks.

Husband and wife own a business which operates within a C Corp. They sell all tangible and intangible assets related to the business and have a large gain in the C Corp. There are no employees remaining other than husband and wife to manage affairs of the C Corp that essentially has liquid investments. Advisor indicates that contributions to a VEBA estabished after the sale for the benefit of husband and wife are deductible and can reduce the tax impact of the gain on sale of the business. Seems like a problem because of lack of business purpose, ordinary and necessary business deductions, etc. Any thoughts or ideas?

I made my 1999 contributions into Roth IRA during the summer and have bought and sold stock several times. Now I find out that I

will not be eligible for Roth Treatment because of AGI test...Are there multiple ways of calculating the income earned on excess contributions...are there sources of information..looked at IRS Site..read FOrm 5329 and Publication 590 but can't find answers...

An employee embezzles money from his/her employer. In a settlement, the embezzler agrees to sign over their vested 401k balance. (The proper paperwork for a distribution is being completed. The check will be written from the trust's checking account to the participant, who will sign their check back to the employer.) I know I'm fishing, but is there anyway not to withhold the 20% for taxes? Employee is under age 59-1/2.

May an employer reimburse fees back to the plan's participants (into the plan)? If yes, does this amount have to be reported and included as an annual addition?

We have recently merged with another corporation which has an FSA plan (Health care and dependent care). If we terminate their existing plan on the date of the merger (since they will be our employees on that date), what happens to the outstanding account balances (both positive and negative)? Also, I'm thinking that this plan termination would be considered a Q.E. enabling the employee to enroll in our FSA - is this correct? Any ideas how to make this a simpler process???

I have a client that has asked for current statistics on vesting schedule useage (preferences) in 401(k) plans. They are looking to change their vesting schedule and are concerned about employee personal relations. If they can give statistics on what is currently in the marketplace, they feel it will support whatever decision they make.

Do any of you out there have procedures for handling untimely COBRA notifications? Let's say you send out a late notice (e.g., you weren't notified the employee terminated for example until three months after the term date) and the employee calls and is upset because he/she must now pay for three months past COBRA premiums. Do you allow the employee to only pay prospectively? Do you pick up the three months or the time period that was untimely? If this has happened to you, I'd be interested in how you handled (not that this has ever happened to me - wink).

We did an amendment to freeze a 403(B) plan effective 12/31/98 and then established a 401(k) plan for the employees. It is our understanding we cannot terminate the 403(B). I am wondering now if the 403(B) monies should all be considered 100% vested, does anyone have an opionion? Also, aside from filing the 5500, should we be providing an annual statement to all the participants in the frozen 403B plan? They are receiving a statement from the insurance company that reflects gains etc. Please help. This is our only 403B plan and we are really in the dark with all the rules and regs. Thanks.

I am interested to find out how other organizations handle part-time employees' benefit contributions. Are part-time employees at the same cost sharing percentage as full-time or do they pay an increased percentage?

I have a 403(B) plan which I am fairly certain is not covered under Title I of ERISA, but, I understand, may still be covered under Title II. What does this mean for my plan? What tax code requirements will I still need to follow? And, since I have been filing 5500s in the past, can I just stop, or should I send the DOL an explanation?

Hi, I'm interested in finding out the popularity of Chiropractic Coverage especially in the Technology Industry. Can anyone tell me where I can get the information such as the percentage of company that carries Chiropractic coverage in their employee benefit plan, etc.

Thanks

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Ming Hoe

Did you see the link to the newspaper article on Gloria Moebes, the employee whose group health insurance was cancelled when she attained age 65? I think 42 USC 1395y(b)(1)(A)(i) would prohibit this practice by any employer with 20 or more employees. (I don't think this is mentioned in the article.) For a smaller employer, would there be an issue under the general principles of ADEA?