I work for a newly merged health system of non-profit facilities. Currently we have both 403(b)'s and 401(k)'s throughout the system. We're building one retirement program to include all employees and want to go with a 401(k)plan. I'd like to provide upper management with 401(k) selling points vs. 403(b)'s and any assistance would be greatly appreciated.

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

Cyndi

Does anyone know of suggested publications that pertain to the development of the various most common mortality tables, what the purpose and relevance of each of the tables are. Just background information to have on the subject. How the tables relate to one another.

Pax if you respond, if it is not too much trouble I would like to be able to respond to you by email. Thank you, Gary.

We are currently converting to QT and the system freezes up on a regular basis. Have others experienced this?

I am a vested member and want to roll over my total account into an IRA so I can control the investments. TMRS is telling me that I can only have my contribution and would have to forfeit the city's matching portion (a considerable amount). This doesn't seem right, does anyone have any experience with forcing TMRS' hand in this matter? Surely some other member has hired an attorney to accomplish this and had some success. Thanks.

I am a vested member and want to roll over my total account into an IRA so I can control the investments. TMRS is telling me that I can only have my contribution and would have to forfeit the city's matching portion (a considerable amount). This doesn't seem right, does anyone have any experience with forcing TMRS' hand in this matter? Surely some other member has hired an attorney to accomplish this and had some success. Thanks.

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

I made roth conversion last year. I decided to pay taxes over 4 years. Now I found that the converted roth portion of money pushed our tax return bracket from 28% to 31%. This means I have to pay 31% tax for my roth conversion. This can mean thousands of dollars more to Uncle Sam over 4 years. I just cannot believe it. If I have left it in the traditional IRA, I think I will never have to pay such a high tax rate. Does anyone face the similar situation, or have I done something wrong in my calcualtion? Without the roth conversion, my husband and I are in the 28% tax bracket. I will greatly appreciate it if someone can help me and give me some guidance.

Yan

I was a resident of two states in 1998. I converted my Rollover IRA to a Roth at end of year. Can I select which state I wish to pay state income taxes to? There is a fairly large difference in tax liability.

I converted a traditional IRA to a Roth IRA in December, 1998 only to realize in January, 1999 that my AGI was over the $100k limit. In Jan, '99, I recharacterized the total back to the Traditional IRA. Several IRA's were affected but the total of all assets in each were reversed.

My questions are:

1. Is it necessary to report the conversions and recharacterizations for tax year 1998?

2. I received 1099R's for the original move to the Roth. Should the Trustee be sending me additional 1099R's which reflect the transfer back to the Traditional IRA?

3. If necessary, how do I report the activity on the 1040, using which forms, etc. if necessary?

Thanks in advance for your time!

I'm considering this program in my newly started benefits administration business. I have one mid-sized client who is interested in using it, and I *think* it will work well, but I'd love to hear from anyone actually using the program. Either an employer or an administrator would be fine.

Thanks so much!

Peg

I converted some IRA's to Roth IRA's last year. Then, in December, I took a distribution from the Roth in order to pay taxes on the Roth (I am over 59.5). That, inadvertantly threw me over $100,000 of income ($102,000), thereby disqualifying me from the conversion. More than 60 days have passed since the distribution, therefore, I cannot roll that distribution back in. Is there anything I can do at this point in time? I am not self-employed.

Employer's nonqualified plan states that distribution occurs upon termination of employment (plan says no termination if transfer to subsidiary). Plan also gives discretion to Plan Administrator to vary manner and timing of distribution. Plan participant transfers to sub and employer wants to payout the small balance. Constructive receipt issue? Taxes will be paid at time of distribution. It is the employer's wish to payout, not the participant's.

Checks were cut prior to 3/15/98 for the 1997 plan year for excess contributions and 1099's were issued timely. However, the checks were never cashed by the participant and the participant can not find them now. What are the implications? Any advise will be appreciated.

A participant takes a hardship distribution under the safe harbor rules, but the employer does not immediately suspend future deferrals as required. Subsequently, the employer also makes a matching contribution based on the ineligible deferral (which is a relatively small dollar amount). When performing the ADP and ACP tests for the year, are these ineligible contributions disregarded if they are corrected via APRSC? Any cites would be helpful.

Is anyone aware of any authority for the position that the CEO of a privately held employer who is the trustee of its ESOP breaces his fiduciary duty to the participants by causing the employer to engage in activites which benefit him and are detrimental to the employer?

Most of the documentation I've read on the nonelective contribution safe harbor method says "equal to 3% of each eligible employee's compensation". However, I've seen one place "of at least 3%...". Does this mean that the nonelective could be more than 3%? If so, what is the max %? Thanks in advance for the help.

just wondering how common it is to allocate forfeitures to those participants who have terminated and are also entitled to a contribution (assuming forfeitures are allocated the same way as comp ...).

in our old firm, 100% of our plan documents did not allocate to terms. in this new firm, its 50/50.

thanks

Can an employer that maintains a non-ERISA 403(B) arrangement actually prohibit a certain annuity provider from having access to its employees? The employer was "burned" with this company before and is telling employees that they cannot maintain annuitys with the company.

(Profit Sharing) Plan Year runs July 1, 1998 - June 30, 1999. Can the plan year be amended to July 1, 1998 - December 31, 1998? Or, is it too late?

I'm trying to get a handle on how much of a TPA's business uses a corporate trustee. I know that much of a TPA's business is self-trusteed, but is using a corporate trustee very common? You can also send me an e-mail if you'd prefer.

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

Carol J. Ringwald

Is there a place where I can find out the level of protection from creditors offered to an IRA on a state by state basis? Mississippi in particular.