What are the regulations with regards to providing health insurance benefits to employees. All of the employees of my wife's company receive healthcare benefits while holding similar positions, yet her employer has refused her request for coverage. The company has over 30 employees.

We have an gov't employer with a qualified pension plan that provides for employee contributions and an employer match. The plan also provides that any forfeitures of the match be applied to reduce the matching contribution amount. Because they contribute match each payroll with the employee contributions, they contend that it would be too difficult adminstratively to offset the matching amount with the forfeitures and would like to instead go ahead and contribute the full match on a payroll basis and receive a "reimbursement" at the close of the year of the matching forfeiture amount which should have been used to reduce the amount they are putting in on a payroll basis. Any thoughts as to whether this might be considered a "reversion" or other violation of the exclusive benefit rule?

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LKP

Can a church or church affiliated org opt out of ERISA with a 401(k)?

I have a plan which has one participant who was mistakenly skipped over for t-h min. in 1996 and 1997. How do you correct.

Does anyone know what the IRS means by "significant cost of coverage changes", found in A-6(B)? The employer I work with is having a 9% increase in medical insurance premiums mid-year (that's mid cafeteria plan year). Is 9% considered significant? The employer would like for their employees to be able to drop or change their current coverage at this time.

If a parent company has 4 wholly owned subs and then aquires a new sub that is owned 25% by each of the 4 wholly owned subs, can the new sub participate in the parent's 423 plan? I did not see any attribution rules associated with this section.

How do you calculate imputed income in a group term life plan that discriminates in favor of key employees? I do not understand the "tabular" premium described in 1.79-4T, A-6. I'd be interested to see an example of how the imputed income is calculated.

I am building a COBRA manaul (policies and procedures) and don't want to leave anything out. Would anyone be willing to share just the table of contents or topic headings from you companies COBRA manual?

Please feel free to post it here our you can email me at spiwowar@geneer.com or fax at 847-294-0358.

Thanks.

Sarah Piwowar

HR Coordinator

Geneer Corporation

What are 'booster contributions'? are they the same thing as 'catch-up contributions'? are 'catch-up contributions' still permitted? thanks.

I am looking for information about the recourse (if any) that employees may have when they believe that the ESOP trustee is not protecting their interests. In this case, there is only one trustee for the 30% ESOP share of the company, who also happens to be the sole owner of the other 70% and the CEO. The ESOP was originally funded by a former profit sharing plan, against employee protest. There are two issues: 1) Redirection of employee retirement funds from a diversified portfolio to 100% investment in the ESOP, and

2) subsequent mismanagement of the company, which now reduces the value of employees' stock (down over 50% in 1998 alone).

Employee questions or critism of management are met with derision. Any employee generated official complaint would be cause for dismissal. Many of these employees are unskilled factory workers who are facing unemployment plus loss of their entire retirement "savings". They don't have the resources to retain legal counsel. As a former officer of this company, who "got out in time", I still feel a responsability for these people and would like to help if I can.

If a U.S. based company sponsoring a DC/401(k) plan acquires a company in Canada, whose employees are Candadian citizens, and who have no U.S. earned income, and a standardized prototype document is being used......

Does the plan document have to specifically exclude non-res aliens in order for the plan sponsor to not have to offer the plan to the Canadian employees (I know Canada doesn't recognize 401k as tax-free wage)? I think I know the answer but just want to make sure before I advise a client.

Thanks for any help.

A DC/401(k) plan is sponsored by Company X. Three years after plan effective date, Company Y becomes a bro-sis controlled group with X. All of Y's ee's are collectively bargained union hence statutorily excludable from the plan.

Plan document is standardized prototype and the adoption agreement box that could be checked to exclude collectively bargained ee's from plan participation is not checked.

TPA does not ask the questions "do you have union ee's" and "are you a controlled group." TPA is responsible for plan document maintenance. As a result of TPA not asking the questions, the prototype is not amended to exclude union folks. Union employees are not offered the plan.

Four more years pass and the plan sponsor discovers this error. If the only contributions to the plan were deferral and match, does the employer deposit a QNEC (based on ADP of NHCE's for the years in question) and corresponding match for the union folks? Is that the proper remedy? Thanks for any help.

an individual retired and took a lump sum. several years later it was determined that the amount was 5k too little. however the person has now deceased. can the spouse or estate get the make up payment or is there any recourse to anyone's knowledge. A reference would be appreciated.

thanks

A company has a 401(k) plan on a 2/1-1/31 plan year (2/1-1/31 limitation year also).

They amend the plan effective 1/1/99 to a calendar year (with a calendar limitation year), thus creating an eleven-month plan year (2/1/98 to 12/31/98) with an eleven-month limitation year.

Meanwhile, they start a profit sharing plan effective 1/1/98, with a calendar plan year and a calendar limitation year.

Starting in 1999, life is simple, since the limitation years are both the calendar year. However, for 1998, what is the maximum 415 contribution for the owner, based on the following?

1998 pay (full year) = $100,000

1998 pay (from 2/1/98 to 12/31/98) = $91,666

1998 401(k) deferral = $10,000 for the calendar year.

(Don't worry about the 15% of payroll aggregate limit; there are enough other employees around.)

If we were simply on a calendar year, the limit would be 25% of $100,000, or $25,000; and the maximum allocation to the profit for him would be $15,000.

But, we have an eleven-month limitation year for the 401(k) plan -- 2/1/98 to 12/31/98.

The regulations discuss the 415 limit for a short limitation year at 1.415-2(B)(4)(iii) with an example at 1.415-2(B)(4)(iv). In this case, the 415 limit is prorated downward, and the pay used is the pay during the short limitation year.

However, the regulations are vague when an employee is covered by 2 DC plans with different limitation years; with the only reference that I could find at 1.415--2(B)(3): "Election of multiple limitation years. Any employer that maintains more than one qualified plan may elect to use different limnitation years for each such plan in accordance with rules determined by the Commissioner." I could find no further guidance.

Is his 415 limit equal to 25% of $100,000, 25% of $91,667, 25% of something else?

Any ideas?

I re-read an article in the Wall Street Journal dated March 18,1999. The article stated that a number of investment companies, including TIAA-CREF, are telling their clients that the surviving NON-SPOUSE beneficiaries can continue the distribution schedule based on the original owners life and are NOT required to be taxed on the full distribution immediately (or over 5 years). Is this true? Is this the same for 401(k) distributions? (The articel seems to say it is.)

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My husband died on May 27,1999, He has a pension plan in which he named his 2 adult children from a previous marriage as the beneficiaries. This was done before we were married. He died at a young age and did not get around to changing the beneficiary to me. What are my rights in this case? He did tell me that since I was his spouse that his pension would automatically go to me if something were to happen to him.

My firm is getting ready to offer Hedge Funds to the clients in our trust division. Does anyone have any input as to potential problems/situations I should keep an eye out for with these as investments in IRAs? I can't find anything, but these appear to be a subject of great debate on other levels, which is why I would like some input.

What's happening with the legislation that affects the "same desk rule?"

IRC Section 412 clearly states it applies to 401(a) and 403(a) plans, appearing to exclude TSAs from coverage. The TSA Answer Book says they are subject to the rules.Per a discussion with Rosamund Ferber, Senior Tax Law Specialist, IRS, they may be subject under Title I of ERISA. I have review Title I, and honestly can't find a clear cut answer one way or the other. Can someone steer me in the right direction?

A full time employee was hired 6/1/98 at a payrate of $10,000 per month ($120,000 per year).

The 401k plan is a calendar year plan year, with a 1 year waiting period, and entry dates of July 1 and January 1.

Our employee becomes eligible for the plan on 7/1/99.

In performing the ADP (and ACP) tests for 1999, is he an HCE?

(Note that his 1998 earnings for the part of the year that he worked was $70,000 and his 1999 earnings was $120,000.)

Case 1: The plan is not using the look-back rule.

Here, since his 1999 pay was $120,000, I believe that he is an HCE for 1999. Is this correct?

Case 2: The plan is using the look-back rule.

Here, I believe he is not an HCE for 1998, but is an HCE for 1999. However, he does enter the ADP test for 1999 as an HCE. Is this correct?

Thanks.