Is there a ruling applicable to NQDC of non-governmental, taxable employers that allows participants to make a one time election to defer receipt of distributions beyond the date of original distribution? I know that 457 plans have this feature.

PLEASE HELP!!!

Thanks!

Previously PLR's carried a statement at the end of the ruling that the ruling could not be cited as precedent. The more recent PLR's do not carry that statment (at least as reported by CCH or RIA). They also seem to be released as TAM's as well as PLR's.IRC Section 6110(k)(3) indicates that a written determination may not be cited as precedent. IRC Section 6110(B)(1) provides that a "written determination" means a ruling, determination letter, technical advice memorandum or chief counsel memorandum.

Could anyone help me to understand the status of PLR's being cited as precedent, and the technical/practical effect of also issuing the PLR as a TAM. Thanks for your assistance

JD Colville

Can I have 2 plans integated with social security? (a 401k profit sharing and a money purchase) I am assuming they will exceed the 5.7% for $ over twb.

Is it o.k. if they pass the same non-discr tests as a cross tested plan?

5% owner is required to take a 70 1/2 in 1999. The owner has completed a Form W-4P showing 2 exemptions (he and spouse)of which withholding is to be calculated.

MRD = $15,000+

In order to calc w/holding, do we use payroll table for married person?

Thanks for any info.

I wish to roll over my 401k that I had with a previous employer to an existing IRA. The bank administering the IRA needs some information, mainly the name of the custodian and the account number. The ex-employer refuses to provide that information, so I have no way to access my 401k money. Is there any way that I can force the ex-employer to reveal the information, short of a civil lawsuit?

How many time within a two year time frame is a company allowed to redraw the closing bonus agreement?

I know a place that's going on four, so far. None of us will be suprised when it's extended again.

Is there a limit by law or not?

I am looking for a comprehensive employee benefit administration (pension, flex, cobra, etc.) and human resource, and payroll administration system that is contained within one package. We administer various plans for over 1,000 clients but we are using to many different systems. What is out there that would help us?

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Eric Parmenter

The NYC Board of Education offers only one 403(B) carrier; the TRS of the City of New York. The TRS offers only two investment options: a. a fixed interest account. and b. a general equities account. A participant may change future contributions every three months. Accumulations may be transferred no more rapidly than 1/12 of the account balance over 12 months. The employer says "take it or leave it".

I want to start a class action to force the Board of Education to offer more investment choices. Please recommend three lawyers.

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[This message has been edited by jlf (edited 05-15-99).]

What of a short-term disability plan that pays 60% of the employee's wages for 26 weeks? I understand that ERISA exempts from coverage "payroll practices" including payment of an employee's NORMAL COMPENSATION for periods in which the employee is physically unable to work, and where such benefits are paid by the employer out of its general assets. But what if it is not 100% that is paid but a smaller amount and what if there are waiting periods to satisfy before benefits commence. This would not appear to be a typical salary continuation plan or sick day plan provided by the employer. Furthermore, many employers with these arrangements have cast them as ERISA plans, providing SPDs, filing 5500s, etc. If treated as an ERISA plan, will ERISA serve the employer as a shield in the event of employee litigation in state court?

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Charlie Stevens

Michael Best & Friedrich LLP

Under traditional Group Life Insurance plans, must the employer obtain a spousal waiver if the employee wants to name someone other than his/her spouse as 100% beneficiary?

If a surviving spouse is the sole beneficiary of the decedent's TSA, do they have the opportunity to transfer that TSA into their own TSA?

Can a participant of a 401(k) plan receive a lump sum distribution while on a layoff and still retain their recall rights and original seniority date with their employer?

If an Employer allows for Eligible Employees to make an Irrevocable Election not to participate in the Employer Sponsored 401(k) Plan, may the Employer disregard those Eligible Employees, making the election not to participate, from the ADP testing?

And....assuming that more than 30% of the eligible employees make the election not to participate, does this create a problem with the participation percentage requirement?

Would like some ideas and input. Recently did a plan with 8 companies had to use 2 plans because of partnership issues. No partnerships in current situation and would like to use one plan. Any comments pros and cons welcome. Am meeting with a commitee therefore all viewpoints would be appreciated concerning different matches and classifications of employees, etc.

Is anyone familiar with the process of reinsuring charitable gift annuities issued by 501©(3) organizations? If so, what are the major compliance issues related with these transactions?

We have a new client and they can't remember if they filed the 5500-R form that was due 7/31/98 for their plan year ending 12/31/97. Is there a number at the IRS that can look this up or will this send up a red flag? Any suggestions for find out if the form was filed?

A number of companies are selling debit(Visa) cards that allow a FSA participant to pay for medical expenses at POS. The IRS has said "no way", unless someone can assure them that the card is being used for legitimate expenses and not to buy lawn chairs at CVS. I have a number of questions:

1. Is anyone currently using this type of card?

2. Do you agree with the position of the IRS?

3. Can the charges be validated at POS? Will current technology allow this?

4. Will these cards help reduce administrative costs?

I have a client with a money purchase and a 401(k) plan. When two (2) newly hired doctors became eligible for participation in the retirement plans, both doctors signed waivers foregoing their rights to participate in the retirment plans.

Several years passed and now both doctors have become partners in this LLC and would like to participate in the retirement plans.

Can these two (2) doctors begin participating because their status changed from employee to owner? Or, Does the waiver eliminate them from ever participating in a retirement plan sponsored by the employer?

Can someone give Reg cites that I can look up with regard to Irrevocable Waivers and there effects on participants?

Is it possible to contribute to a ROTH via a Whole life insurance policy if my AGI is above the limit?

I have a question concerning multiple employer plans. I am the recordkeeper for a group of companies with common ownership as follows:

Company A John Smith 100%

Company B John Smith 100%

Company C John Smith 70%,Jane Doe 25%

Company D John Smith 75%, John Jones 25%

Company A was the original client, and branched off last year into the other related businesses. For testing last plan year end, I grouped A and B together for 415, ACP & ADP, etc. and tested C separately. I was told by John Smith that D was not participating, so did not collect any information on them at all. For this plan year end (4/30) I am having renewed concerns about excluding Company D. Since C and D do not constitute a control group (<80% common ownership) is it OK for the companies to exclude D, or is there something I should be aware of?

I have noticed it is very hard to find specific information about the testing of multiple employer groups, especially when no union is involved (as is the case here) and when the pairing does not all constitute a control group.