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    old tests

    Guest Juracek
    By Guest Juracek,

    does anyone have any old tests they could share?


    Pre-GATT mortality for lump sums

    John A
    By John A,

    If a plan has not yet adopted GATT and is computing a lump sum, is the mortality table used required to be 1) mortality defined in the plan document, 2) old PBGC adjusted UP84 mortality, or 3) can it be either 1) or 2)?


    HCE Determination in short plan year

    Guest MPITTS
    By Guest MPITTS,

    I have a client that was fromed on June 1, 1997. For the 1998 plan year we are looking back to 1997 for HCE determination. Do we need to prorate the comp. for 1997 since the company was formed in June or do we look at the actual comp. for our HCE determination.

    Any help would be greatly appreciated.


    Can a utility service sponsor a 401(k) plan or does it have to be a 40

    Guest WHill
    By Guest WHill,

    I have a for-profit utility service that did have a Money Purchase Pension Plan and now wants to switch to a 401(k) Plan. Can a Utility Service sponser a 401(k) Plan or does it have to be a 403(B) or 457 Plan?


    Amendment deadline for changing plan year

    John A
    By John A,

    Rev. Proc 87-27 states: 6. All actions necessary to implement the change of plan year, including plan amendment and a resolution of the Board of Directors (if applicable), have been taken on or before the last day of the short period.

    Does anyone know if anything has superceded Rev. Proc. 87-27, or is the deadline for changing the plan year still the last day of the short plan year?


    Courses in Benefit Administration/Wage and Salary

    Guest dimple
    By Guest dimple,

    I am looking for Organisations which offer benefit adminstration/wage and salary courses, short term or certificate. I am based out of Minneapolis right now.

    Thanks for all your help


    Converting loan under old rules to loan under current rules?

    John A
    By John A,

    A very old loan still in existence was made to a participant and the loan is a general asset of the plan. Both the plan and the participant would like to change the loan so that it falls under the current participant loan rules, so that repayments go into a participant loan account rather than into the general assets of the plan. The plan is a 401(k) profit sharing plan. The plan allows only one participant loan at a time. The current outstanding balance is about $10,000. What is the best way, if any, for the plan and participant to make this change?


    415 limits for short initial plan year.

    Jeff Kirtner
    By Jeff Kirtner,

    Are 415 limits on annual additions prorated for a short initial plan year? Situation: Employer is on a fiscal year from 4/1-3/31. Employer wants to establish a profit sharing plan with an initial plan year from 1/1/2000-3/31/2000. If the limitation year is defined as the 12-month period ending on 3/31, then is the full 415 limit available for the initial plan year, or are those limits reduced because of the short initial plan year?


    Minimum age to contribute to Roth IRA

    Guest kureyw
    By Guest kureyw,

    My 14 year old son has generated $700 in earnings from a part time job working as a house and pet sitter while folks are gone out of town. He would like to open a Roth IRA by investing $500 of his earnings in a mutual fund account. Given the fact that he has earned income, is there any reason he could not start a Roth IRA at age 14?


    Successor employer liability under COBRA

    Guest Rich Jochum
    By Guest Rich Jochum,

    Anyone experience issues with DOL assertion that company acquiring assets (not stock) of another company has liability to provide benefits to selling company's COBRA participants. Current IRS regs are vague on the subject and IRS has issued proposed regs that address topic. But what has DOL done in terms of current enforcement??


    Laws on benefits for wholly owned subsidiaries

    Guest Maggie Atwood
    By Guest Maggie Atwood,

    Can a wholly owned subsidiary have different benefits from the main corporation?


    Safe Harbor 401(k) ADP/ACP Question

    John A
    By John A,

    Chris, yes, it seems to me to be an accurate interpretation. This is an interesting question. It appears to me that the immediate vesting requirement only applies to the contributions used to satisfy the ADP test safe harbor. In the situation you describe, obviously the matching contributions are not being used to satisfy the ADP safe harbor.

    It appears that the only restrictions on the matching contributions to satisfy the ACP test safe harbor are the formula limitations described in Section VI.B. I do not see anything in VI. that would prevent the use of a vesting schedule or last day rule for matching contributions that are not being used to satisfy ADP. One thing I'm curious about: do you have any idea when the following requirement of Section VI.A. would NOT be met: "(i) each NHCE eligible to receive an allocation of matching contributions under the plan is also an eligible employee under a CODA that satisfies the ADP test safe harbor of section V" ?


    Roth IRA Rules

    Guest Rich C
    By Guest Rich C,

    What are the rules regarding purchase/sale of equity and index options in Roth IRAs?


    Deduction of employee health insurance premiums

    Guest caro
    By Guest caro,

    I am working for an employer who wants to deduct insurance premiums from employee's salary before the premium is due. In other words, the employer wants the employee to pay 13 months premiums during 12 months...so that the employee will always be one month ahead in premium deductions. I think he should pay the monthly premium and then deduct the amount from the pay checks during that specific month. Are there any rules or regs. regarding how the premiums are deducted from employee salary in this case?


    Paired cross-tested MP Pension and Profit Sharing Plans

    SMB
    By SMB,

    Any prohibition against using cross-tested class allocations in both paired MPP & PSP (e.g., MPP = 10% to HCEs, 3% to NHCEs ; PSP 15% to HCEs, minimum % to NHCEs to "pass")? I have a situation where I need paired plans to get the owners (2) to their maximum annual additions.


    70 1/2 distributions

    Guest MaryLou
    By Guest MaryLou,

    Can a participant NOT a 5% owner who elected to receive the MRD after the 1996 change now elect to stop receiving the distributions?


    Offset loans in M/P

    Ervin Barham
    By Ervin Barham,

    Participant has defaulted on loan in M/P and will be treated as deemed distribution under 72(p). Adoption Agreement allows offset only upon normal retirement age or termination of service.

    The plan has terminated. Is that enough to offset loan from account balance now? Or am I missing something here?

    Thanks for any thoughts.


    SARSEP-Coordination with 401(k) Plan

    Guest ANNEBV
    By Guest ANNEBV,

    Due to my very limited experience with SARSEPS, am looking for some guidance on potential issues to address with my situation, of which I don't have a lot of details, unfortunately.

    Client has existing SARSEP. Implemented 401(k) Plan in July, 1998. SARSEP has not been terminated. Should it be? Can it be?

    Presumably, client has suspended deferrals to SARSEP in lieu of 401(k) Plan as of July, 1998. What if they didn't? Ramifications?

    I don't know why you would want to, but if you could, can you maintain a SARSEP & a 401(k) simulataneously?

    Please pardon the perceived ignorance of my questions. I am trying to be painfully basic, and almost clueless, to make sure I gather all possible info from someone with SARSEP expertise.

    Thanks to whoever can help!


    controll group/affiliated service group

    Guest ars
    By Guest ars,

    I have tried reading the code defintions and still am confused. Can someone provide me with a general definition and explanation of what it means to be a member of a controll group or affilitated service group?

    Thanks


    TAX PROBLEMS ARISING WHEN SURVIVING SPOUSE BECOMES SOLE OWNER AND BENE

    Guest d wade
    By Guest d wade,

    WSJ article of 10/06/99 indicated IRS would permit owners to amend forms to correct problem. Would welcome any comments as to wording and avoiding other problems in the forms.


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