We are a quasi-governmental Authority that has been participating in our State government's 457 plan for several years. We now want to set up our own 457 plan, but we are concerned about the impact on our employees' current 457 assets. Our employees would not be able to continue to participate actively in the State plan. Can anyone tell us whether we will be required to transfer all of the current accounts into our new 457, or will we be able to allow our employees to choose when, and if, their current accounts will be transferred? We view our accounts as:

1. Active accounts owned by active employees;

2. dormant accounts owned by active employees;

3. dormant accounts owned by terminated employees; and

4. accounts with current benefit distributions.

Because we will have 3 vendors, each will up to 10 investment vehicles, we would prefer to allow our participants to choose when and where their assets are transferred and then have the State transfer the funds as elected.

Please take a look at the "Retirement Plans in General" message board. Look for the topic: "what qualifies a distribution for rollover treatment"?

Is there anyone out there that disagrees with the Court? Thanks, JOEL L. FRANK.

------------------

I am interested in getting feedback on what the perceived impacts of managed care external appeal legislation will be . I would appreciate any thoughts!

In a recent magazine article, which I can no longer locate, it talked about a parent opening a Roth IRA for a child at the age of 16 who had not made the $2,000 and based on certain guidelines of investment would end up with a pretty good sum upon his retiremetn. Our financial planner thinks I'm crazy and does not know of anything like this. Please send me in the right direction. I'm really not that nuts.

If a plan document was never submitted for a determination letter and the plan is amended and restated for the 1996-1998 changes (GUST, would there be any problems in submitting it for a determination letter (the document has no unusual plan provisions)?

What should I be aware of in investigating whether to merge a money purchase pension plan with a 401(k) plan? How is this done?

I just read the "Inheriting a Roth Ira" list of 11 messages and found it confusing. I don't think much has been said about inheritance issues for people in the 40s 30s that have substantial Roth IRAs. What are the key issues? Thanks

I am a public worker with access to deferred comp., but I have chosen not to participate in it because I don't like the limited choices for investment. Because I have this option I believe I don't qualify for a traditional IRA (at least I can't deduct the contributions). Does this make a Roth IRA a no-brainer for me? Also, is it too late for the 1998 tax year, or do I have until the 15th?

Three months ago, I rolled a 401k into an existing IRA which already had monies in it. I now read that one should keep these separate and not comingle! Since I have deposited the monies, I have also purchased stocks and mutual funds with some of those monies, and I can't distinguish the monies. What does one do now? Does it really matter as 401k will all be after tax by definition?

[This message has been edited by SusanS (edited 03-28-99).]

In 1998, I signed papers to roll over my Self-Employed Retirement Plan money into an IRA and then convert it to a Roth. (I am Roth-eligible.) My retirement money is all in a brokerage account. I subsequently took distributions in 1998 to pay for qualified educational expenses.

I just discovered that my broker incorrectly tried to rollover the funds directly into a Roth. He now has to open a traditional IRA and then a conversion Roth. This all has me thinking that I may be better off deferring the tax liability completely and just keeping my money in the Traditional IRA. (The liability isn't much but I am currently a student.) If I decide to keep the money in the Traditional IRA, does it sound like I will have to recharacterize?

[This message has been edited by susan036 (edited 03-29-99).]

What kind of options does a person have to avoid the 6% penalty on non-deductable contributions. I have about $4,000 of a $40,000 Trad. IRA that I had to pay a penalty for when I filed my 1998 return. Can I convert just the non-deductable portion to a Roth, or do I have to convert the whole IRA to a Roth?

Can employer adopt treasury rate and

use 1984 mortality table or use PBGC rate and adopt treasury table and use thru 12/31/99? i.e. Never use both applicable interest rate and applicable mortality table until required.

I'm in that range where I can't contribute the limit, but I can't find the calculation anywhere for what I can contribute to ROTH, and then I will contribute the rest of the 2k to an aftertax IRA.

I have a $40,000 traditional IRA with

$4000 of it non-deductable. I payed 6%

in penalties when filing my 1998 taxes.

Is there any way to convert the non-deductable portion to a Roth, and avoid the penalty? Or, do I have to convert the whole thing? I really don't

want to pay taxes on all of it at once.

If the comp period is less than one year or more than one year, but less than two years, can the 1,000-hours-of-service requirement be prorated, or does the elapsed-time method for determining service apply? I really really need the regs on which your reply is based. Thanks!

------------------

Does anyone know of any reason that a person would not be able to name as beneficiary someone whose residence is not the United States, namely China?

Participants should have been advanced on vesting schedule, but were not.

Participants were paid.

Forfeitures were re-allocated.

Participants need to be paid remainder.

Can this come from current year forfeitures?

------------------

I have a 401(k) plan that has no profit sharing provision. They would like to add this provsion and make a contribution for the 1998 plan year. Can they do this? Generally speaking how long does a plan have to make retroactive amendments? I usually stick by the 2 1/2 after the end of the plan year rule but some folks say they should have done it by the end of the plan year (in this case 12/31/98) some say they have until they file their company taxes. Other say there are different rules for pension plan vs. profit sharing plans. As usual code section reference would help.

Thanks.

A company failed to deposit a matching contribution for 1995 until early 1997. The company is a C corp and contribution was deducted on federal return filed by 9/15/96. What is penalty for the late contribution? Is the penalty paid by filing Form 5330 or some other form?

Does anyone know of a way to avoid paying horrendous surrender charges on insurance contracts when plans are merged due to acquisitions? Most of these contracts do not consider a plan merger to be a benefit payment and impose a charge anywhere from 6% to 2% for withdrawal. This ends up as an extra cost to the acquiring company to make employees whole. Most of the companies I have dealt with will not negotiate and impose the fee. Any ideas on getting surrender charges waived?