An employer sponsors a premium-only health insurance plan. It currently pays the same portion of the premium for all employees. Can it pay different percentages of the premium for different classes of employees (like it could without a 125 plan) without the plan being discriminatory?

Is there a procedure for making a "John Doe" submission under either VCR or Walk-in CAP? In other words, is there any way to communicate with the IRS on an anonymous basis to find out how the IRS would require you to correct a plan defect, so that you can then make a more informed decision whether or not to go into the program?

We want to encourage our employees to take advantage of the health screenings in our Wellness Program. Even though we pay them a certain dollar amount to take the exam and a discount on their insurance premium if they pass, we still have low participation. Is it legal to make them take the screening before they can enroll in the plan and then once a year to stay in the plan? We obviously don't get the results by name and their enrollment wouldn't be based on whether or not they passed, just whether or not they took the test. If that isn't an option, what other suggestions are there to increase participation?

Thanks, Karen

Does anyone have a good system for the annual performance reviews for employees? We ask our employees to complete a "self review", but we would like to get much more detailed. Do most small firms develop the review forms themselves (as we did), or are there any good products that may be worth looking into. We often struggle with the employee review process.

Thank you.

We are having a raging debate here as to whether or not the elimination of the family aggregate applies to SARSEPS. Some say yes, others that SARSEPS are "grandfathered" and the new rule does not apply. Please settle this for us!

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MEG

I'm sorry everyone. There was a thread concerning 403(B) rollovers. It was updated as recetnly as today. It was appearing in duplicate. When I attempted to erase one of them, they both disappeared. So much for housekeeping!

As I recall, the discussion was complete. Repsonses indicated that 403(B) distribs cannot be rolled over into a 401(k). SOmeone also pointed out that pending legislation would allow it.

If I omitted anything relevant, please post a message here.

Is a safe harbor 401(k) plan considered a comparable plan with a profit sharing plan.

Client wishes to terminate existing profit sharing plan and distribute funds to participants due to segregated assets and the associated cost of administration. Client also wishes to establish a safe harbor 401(k) plan.

My understanding is that a comparable plan is covered by the same limitations on deductions as the original plan.

What are the tax implication if you wish to recharacterize a Roth conversion IRA back to a traditional IRA after year 1 if you elected to spread your tax liability over 4 years? First, can this election be revoked? Second, can you file an amended return for year 1 to recapture the taxes paid on the first 25% of the conversion. Third, if no recapture of year 1 tax is available, what is the tax status on that 25% of the Roth soon to be IRA funds, can they be withdrown tax free in the future?

The teachers of the City of New York are offered only one 403(B) carrier. This carrier offers only 2 investment options: a fixed interest rate and a general equities fund. One may change investment contributions every 90 days.

Accumulations may be exchanged no more rapidly than 1/12 of the account balance over 12 months.

I want to commence a class action to force this employer to offer more investment choices and a flexible exchange program. Please e mail names of attorneys.

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A strange question was posed to me. Here are the facts:

Decedent prior to death received a distribution from an IRA. Decedent stated intention to "roll over" the amount to a new IRA. The decedent completed all forms for rollover (including beneficiary papers)and was about to fund new IRA when he died unexpectedly. He died prior to the completion of the 60 day period. Can the estate fund the new IRA based on the intent if done prior to completion of the 60 days?

I need a colleague who has been through the wringer on a proxy solicitation to provide me with some rough solicitation documents for a Trustee to solicit voting instructions on a fundamental corporate transaction-merger.

Any help would be appreciated.

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Michael D. Hughes

412-392-5590

Company would like to have the plan pay the cost of a vendor search (being done by an outside consultant). Is that permissable?

Also, does company have any flexibility to spread the recognition of the expense over a period of time rather than take the entire hit at the point in time when the bill arrives?

A Participant receives a hardship distribution in mid-1998. The employer fails to suspend the participant's deferrals. The error is discovered in 1999. What would the appropriate correction method be and how would it be reported to the participant. Additionally, the 1998 deferrals had match credited for 12/31/98.

Other than altering the SPDs and 5500 are there other areas that should be addressed to update a welfare plan name? We have medical plan, part insurance - part self-funded, that's been reported on 5500 for years under a plan name that incorporates a prior insurer's name. HR doesn't want to send SARs to employees because of name.

What is the annuity starting date in following situation under the following facts??

1. Corporation dissolved on date X;

2. Corporation X froze PSP and MPPP prior to dissolving;

3. Prior to freeze the two participants executed waivers (with spousal consents) of the QPSA with respect to MPPP;

4. 5500's have been filed annually since the freeze and the plan documents have been kept in compliance;

5. Participants elected to not take distributions from the plans;

6. Request for Determination Letter filed with respect to termination of both plans as of 4/1/99;

7. Both participants have been taking required minimum distributions.

The issue is that the IRS Specialist reviewing the 5310's wants to know if the spousal consent requirements of 401(a)(11) have been met. 417(f)(2)(A)(i) defines "annuity starting date" as "the first day of the first period for which an amount is payable as an annuity." My initial thought is that the "annuity starting date" has not rolled around yet. The participants have not consented to nor directed that their account balances be distributed. It would appear that the QJSA notice/waiver/consent forms would need to be provided within the appropriate time period before the date of distribution of the assets on termination.

Has the plan administrator missed the boat on failing to provide QJSA notice/waiver/consent forms earlier, or has the annuity starting date not yet arrived???

Any comments/suggestions appreciated...

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I'm researching what is being offered to staff who are paid on a commission basis only.

What benefits are provided? Who pays? How are the benefits that are based on salry handled and coverage amounts? Risks?

If the plan document states a 60 day close-out that is the close-out for the plan and it can only be change for future plan years, not retroactively. A retroactive adjustment would disallow the entire plan, since it would be adjusting the Plan to accomidate one individual so they did not lose their allocation, this violates the "Use it or Lose it" rule.

Looking forward, it seems that the plan close-out period should be reconsidered, 90-days is more common. Also whatever employee notification system is currently being utilized is obviously not working.

Is a Roth IRA owned by an individual subject to probate and federal estate tax on death of the owner? If yes, how can these be avoided?

I understand how the employee contribution of health insurance premiums is pre-taxed under a cafeteria plan. What about the employer's paid portion? Can the employer have the employee pay the premium & reimburse the employee on a pre-tax basis?

It is my understanding that fiduciary liability for Y2K problems applies to ERISA plans. Is there a counterpart which subjects government plans to Y2K fiduciary liability? Thanks!