I left my place of work, and I would like to know how soon I can receive my ESOP monies? I was 100% vested, and I am 38 years old. I was told that it will take a year or more before I receive it. Also am I not entitled to a Summary Plan Description? My last official day of employment was July 26th.

Does an employees intent, and/or discussion with an employers retirement plan representative about increasing her/his voluntary contributions to the plan constitute a legally binding Salary Reduction Agreement?

12/31/98 is the first plan year end of a 401(k) plan. Based on the account balances at 12/31 the plan is top heavy, but plan failed ADP test and some HCEs (also were keys) took back refunds of deferrals on 3/15/99. If the refunded deferrals are deducted from the account balance in the top heavy test, the plan is not top heavy. It sounds logical to reduce the account balances by the refunded deferrals, but I can't find a specific reference saying it is OK. Any thoughts on this???

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I need to know what an Equity Increase is and what a Structural Increase is.

If an employer sponsoring a cafeteria plan adds a new benefit during the plan year or expands eligibility for an existing benefit, can participants modify their elections to add the benefit or add eligible dependents? Any IRS guidance on this?

A plan sponsor discovered that a terminated participant received a lesser 401k plan distribution that he was entitled due to using an incorrect vesting percentage. The plan sponsor would like to correct the distribution. The investment return has been negative since the initial payout. Should the plan pay to the participant the principal amount of the shortfall as of the date of distribution, or should the plan sponsor attempt to calculate the investment loss attributable to the shortfall, and reduce the distribution accordingly?

Profit sharing plan omitted a participant in error.

Per APRSC guidelines, the participant should be credited with a contribution and associated earnings.

The plan has segregated accounts.

How do i credit earnings? Would an average of the rate of return on the seg. accounts suffice?

Thanks in advance!

Does anyone have a phone number that goes directly to the Employee Plans division at the IRS. I want to ask a question on a no-name basis. Figured it could take all day if I call a "main" number.

Thanks.

We are merging two plans. Is it necessary to amend the plan that is "going away" or just the remaining plan. My information so far indicates that for mergers that occured prior to 12/31/94, only the remaining plan needed to be amended for TRA 86. Seems there was some guidance then, but not now.

To whom it may concern:

My name is Dan Cottrell, and I am a student intern with the Boston Public Health Commission. I am seeking information regarding the costs to companies when employees take extended leave

due to illness or when employees die from illness. This information will be used to promote a policy enacted by the Mayor of Boston for city employees called the Four Hours Off Policy. This policy grants employees four hours off each year to receive cancer screening examinations. These

four hours do not count against one's sick, personal, or vacation time. The Mayor of Boston and the Boston Public Health Commission are currently trying to get other businesses in and around Boston to adopt this policy. To do so, we are looking for facts and figures that would help promote the concept.

Any information you may be able to provide me would be most helpful, or if you could direct me to where I might look that would also be appreciated. Thank you very much. I look forward to hearing from you.

Dan Cottrell

509 Park Drive

Boston MA 02215

Fax: (617)534-5358

(send faxes to Dan Cottrell c/o Janet McGrail, Director of Cancer Prevention and Control)

danmc@bu.edu

May a 401(k) plan validly exclude part-time employees? What effect does the minimum service crediting have on this issue if full-time employees are eligible for the plan after one full month of service?

Any advice on what letter to IRS should say

when filing Form 5500 C/R for 401-k Plan that was due 6/15/99 (this was extension due date-return due 4/1/99)? This is first filing

for Plan. Does IRS assess money penalties?

Thanks for help.

I have resigned from my work of four years and i haven't received any information of my benefits.It has been seven working days and noone seems to know that I have quit in our main office. One office says they sent it and one says they don't have it. My question is ...How long do they have to send me my final check and such.I have a family and no insurance and know we are able to receive Cobra...I resigned with two weeks notice but they didn't want me to stay..I signed all necessary paperwork to terminate my employment. This was not done on bad terms just to their surprise.

A C corporation that maintains a qualified profit sharing/401(k) plan converts to an S corporation. Loans of the participant/owners are not repaid. Two years go by. What are the corrective measures? Are the loans taxable distributions at the time of the conversion? Is there also a prohibited transaction tax due? Is this an issue for VCR? All comments welcome.

I am looking for a information regarding corporate credit union membership for an approximately 450 person organization. Perferably, I would like to find a credit union that could 'set up shop' onsite. Any recommendations or information is greatly appreciated!

Thank you.

We have a client who presently has a 401(k) with a discretionary profit sharing contribution option. It is a calendar year plan. The client would like to amend the profit sharing allocation from a straight allocation based on comp to a cross tested plan effective for the '99 year. We are using a standarized document. Isn't too late for the '99 year?

Husband-owner, wife primary beneficiary; husband dies and wife takes the check (constructive recpt) out of the dec. husbands IRA (dth distrib). She cashes the check. A week later walks the check over to another investment provider and wants to open a beneficial IRA and would like to now rollover the dollars. (CPA suggested this transaction) Can the spouse rollover beneficial dollars? Yes, it would be a better transfaction to move money from a beneficial IRA to a beneficial IRA as a transfer, but the client has already cashed the check.

Is the following assertion correct?

A taxpayer can recharacterize his Roth IRA (which was the result of a conversion in 1998) to a traditional IRA by October 15, 1999 as long as he filed a timely return, even if he was not over the $100,000 limit or did not mark his return "married filed separately." (i.e. taxpayers can recharacterize by October 15, 1999 for any reason, as long as they filed a timely return)

Is it permissible for a DB plan to allow retired ees, in pay status, to return to work on a part-time basis and continue to draw on their pension? Are there any restrictions on the age of the re-hired ees? What about the general rule (which I've often seen stated but never seen a citation) that DB plans may not allow in-service withdrawals?

How are participant loan repayments applied to recordkeeping sources (e.g., pretax, employer, aftertax)?

Are loan repayments typically made back to the same sources the loan originated from?

I know loan repayments can be directed into different funds than the loan came out of; what methods of repaying by source are open to a plan sponsor?