Does anyone know if IRS has stated when they will begin accepting applications again for approval of prototype plans? IRS Announcement 99-50 stated that effective May 10, 1999 they will no longer accept applications but I do not know if they have begun accepting applications again.

Thanks

I am a Benefits Administrator in search of a Benefits Roundtable group that would get together to discuss current trends in Benefits, what benefits they are offering to their employees, etc.

Does anyone know of such a group? Your feedback would be appreciated.

Thank you.

I am a benefits administrator in search of a Benefits Roundtable group that would meet to discuss latest trends in benefits, what their company offers for benefits, etc.

Is anyone aware of such a group?

A company is sitting on forfeitures of about $65,000. Can they use that money as a retrospective credit for FSA administrative services rendered in the early 90's. For example, if they could produce invoices for FSA related admin going back to 1990 that add up to $65K could they take the forfeitures as a reimbursement for these expenses that were originally paid in full?

The regs seem to never answer my questions completely. Are we required to send a HIPAA certification (automatically) for those employees/dependents who voluntarily cancel their coverage - e.g., during open enrollment or mid-year because they have other insurance (an employee would want one in that case - but maybe not for open enrollment). I can't find voluntary terms of coverage.

Client takes an inservice withdrawal in 1999 (partial distribution-cash). Three years down the road the client retires and wants to use the NUA stratagy on the ER stock in the plan. To use NUA, the employee must take a lump sum distribution. Is NUA still available since the client took a previous in-service withdrawal?

Can anyone answer the question below:

Can we allow an existing children to enroll if you marry or just the ones you're gaining?

Info on Special Enrollment Rights - HIPAA

Because of a New Spouse or Dependent

If you marry, then you, your spouse, and any new dependents you get as a result of the marriage have special rights to enroll. If a new child is born, you adopt a child, or a child is placed for adoption with you, then you, your souse, and the new child also get special rights to enroll.

To be entitled to special enrollment on account of a new spouse or dependent, you must either be covered under the plan or be eligible to be covered under the plan. The plan has to give you as least 30 days after the marriage, birth, adoption or placement for adoption to request enrollment.

If you get married, the plan must cover you, your spouse, and any new dependent by the first day of the month after the plan receives your completed request.

If you have a new child, the plan must cover you and your spouse and the child from the date of birth, adoption, or placement for adoption.

We have a client who, without our knowledge transferred all assets to individual IRA's, my question is how would I complete the Form 500-C/R, considering there are no participants at the end of the year and zero assets? Apparently no amendments had been drawn up to terminate the plan.

Can a US 401k plan accept a roll-over from a UK DC plan? I know I

investigated this many years ago (for a different country). I thought

there were some countries that were able to met the IRS's definition of

"qualified". If so, where is this referenced in the law?

What is the rule for time to file for a determination letter request for an amended plan? (Non-legistlative change)

I have a potential client who is a one-man consulting operation (LLC). He employs his wife, and probably won't have any other employees.

They are considering implementing a retirement plan. They are not currently interested in DB and want to be able to contribute 25%. Two arrangements are being considered: 1) Combo MPPP/PS and 2) Combo MPPP/SEP.

The advantage of method 2) is no administration is required for the SEP. I have worked w/ many MPPP/PS combo's but never MPPP/SEP combo,hence below questions.

a) Is there any law that would preclude taking a 25% LLC deduction on the LLC tax return with this arrangment?

b) The MPPP doc would be a standardized prototype. My understanding is that generally if you have another qualified plan aside from the MPPP that is not a "paired plan" with the MPPP, that the employer cannot rely on the MPPP determination letter. Since a SEP is not a qualified plan, probably no issue, just wanted to be sure. My concern is that there wouldn't be any problem w/ reliance on the MPPP det ltr if there is also a SEP being operated in tandem w/ the MPPP.

c) My understanding is that a sole participant of a qualified plan does not really afford the participant protection againist creditors, etc. (hence use of a PS doesn't help us out here). Is there any disadvantage in this regard of using a SEP over a PS when the only participants are the owner and his wife?

I appreciate any input.

An employer is funding the matching provision of a defined contribution plan (this is not an ESOP plan) with company stock. When this happens, should the stock be categorized as issued and outstanding, as Treasury Stock or perhaps something else? Also, should the shares attributable to a participants matching contribution be assigned to their account? Or, should the value of those shares at the time the match is funded be assigned while the actual shares remain in a "pooled account" of sorts?

Theresa, yes you are correct. The 20% withholding is for Fed tax purposes (for pre-tax monies). The difference would be that the 10% penalty charge would not be applicable as long as the employee's disability is a true 'disability' under the regs. I have had several employees complete a distribution form indicating that the reason for the withdrawal is a disability and it turns out that they only have minor/ short-term disability.

The sponsor of a money purchase pension plan adopted an amendment terminating the plan. The sponsor would now like to put the termination "on hold" for about 9 months to resolve some issues before proceeding. What steps should the plan sponsor take if 1) the participants have been notifed and 2) if the participants have not been notified with a proper 204(h) notice? The sponsor never took any steps to submit the termination for a determination letter. Can and should the plan sponsor adopt an amendment declaring the first termination amendment null and void?

My employer has a company sponsored SIMPLE IRA plan, of which I've contributed the maximum amount ($6,000) for the current tax year. I also have a Roth IRA account established in the previous year. I am single, and don't expect my annual earned income to exceed $60,000. Can I still contribute up to $2,000 to the Roth IRA for this tax year? Is there an income level after which I would not be able to contribute to the Roth IRA?

My employer has a company sponsored SIMPLE IRA plan, of which I've contributed the maximum amount ($6,000) for the current tax year. I also have a Roth IRA account established in the previous year. I am single, and don't expect my annual earned income to exceed $60,000. Can I still contribute up to $2,000 to the Roth IRA for this tax year? Is there an income level after which I would not be able to contribute to the Roth IRA?

What are the regulations regarding the length of time a former employer must comply with upon termination of employment? How long can an employer hold 401k funds before being forced to distribute the money to a former employee?

My child is making a few thousand dollars a year modeling. We have a mutual fund for her and all the money she makes is for her college fund. SHould we put any additional moneys she makes in a roth ira instead?

I am just becoming familiar with Spilt Dollar Life as used in SERPs. Having just read about, I can't see any downsides about using it. Any tips on when it is better to fund SERPs or 457(f) plans without such an arrangement? (Any reference material suggestions would be appreciated)

Employer has a Simple IRA plan in effect for 1999 (a calendar year plan). Employer is on a fiscal year of 4/1 - 3/31. Employer would like to terminate the simple and establish a profit sharing plan on 1/1/2000, with a short initial plan year from 1/1/2000 - 3/31/2000. Employer would like to make the maximum contributions possible to the PS plan.

ISSUES:

(1) § 415: (a) Are the 415 limits prorated for the short initial PS plan year, if the limitation year is defined as the 12-month period ending on 3/31 (i.e. does the short initial plan year affect 415 limits)? (b) Do any of the contributions to the Simple during the 1999 calendar year count as annual additions for purposes of applying 415 to the PS plan?

(2) § 404: (a) For purposes of applying 404 to the PS plan, is the compensation used to calculate the 15% deduction limit based on the period from 4/1/99 through 3/31/2000 (i.e. Employer's taxable year), or from 1/1/2000 through 3/31/2000 (the part of the taxable year the PS plan is in effect)? (b) Do the contributions to the Simple during the period from 4/1/99 through 12/31/99 constitute compensation for purposes of calculating the deduction under 404? © Do deductions taken for Simple contributions between 4/1/99 through 3/31/2000 count against the 15% deduction limit for the PS plan (i.e. could Employer deduct both the Simple contributions and contributions equal to 15% of compensation made to the PS plan?).

Any help you can give me on some or all of these questions is greatly appreciated.