I’m searching for the federal regulations that explain health insurance discrimination. For example, can an employer establish separate classes of employees and provide one class with health insurance and not the other? I think this is more of a discrimination issue but is it covered by ERISA or the IRS? If it is a discrimination issue where is it addressed?

Steve

I have a 2 plan situation DB/DC where the top heavy minimum has been provided in the DB; I want to change this & provide the safe harbor 5% allocation under the DC only. My question- for non-keys who have a plan accrued DB benefit well in excess of the DB minimum, do I have to still give them a 5% DC allocation for the switch year? An answer with a cite would be appreciated.Thanks in advance!!

Plan fails 414(s), so it is now non safe harbor. There is no 'nondisrim' test by rate groups like for profit sharing contributions. The closest you can come is to run your ADP test using a safe harbor definition of compensation (despite the fact ees weren't able to defer on some comp)

This may cause plan to fail, and therefore require a QNEC /or refund.

Note: according to the ERISA Outline Book, some IRS agents hold that a de minimis standard can be 3% - though even that is stioll a facts and circumstance issue.

possible cite would be 1.414(s)-1(a)(2)

...even though a definition of compensation permitted under 414(s) MUST be used in determining whether the contributions (in your case, deferrals) satisfy a certain applicable provision (in your case ADP test), the plan is not required to use a definition of compensation that satisfies 414(s) in calculating the amount of contributions...

Since you failed 414(s) you are violating the MUST listed above.

Under IRC s. 415©(4), University (and certain other) employees may elect one of three alternative limits in place of the general limit for 403(B) plans. The third of these allows the employee to bypass the MEA limit and just use the 415© limit of 25% of compensation (or $30,000, but in voluntary plans that amount is often irrelevant due to the $10,000 elective deferral limit). All plans of the employer must be aggregated under this alternative limit: if the employee also has a defined benefit plan there is a complex calculation to determine the "defined benefit fraction" and "defined contribution fraction." The calculation is described in s. 415(e), which is to be repealed effective 12/31/99.

Does anyone know how the alternative limit in s. 415©(4)© will work after this repeal? Consider two scenarios: the employer maintains a defined contribution plan plus a voluntary 403(B) plan; or, the employer maintains a defined benefit plan plus a voluntary 403(B) plan.

Calendar year profit sharing plan. All employees are terminated toward the end of 1998. Business has filed for bankruptcy.

Profit sharing plan will terminate in June 1999, and file with IRS for determination. Client would like to hold off on distributing benefits until end of 1999, when favorable IRS determination letter is expected to be received.

Problem -- plan provides that benefits are paid at the end of the plan year in which the employee terminates employment. In practice, benefits have been paid early in the following year (between March and May), when the asset results are known and the allocation is performed.

Can the plan sponsor choose to delay payments until IRS determination letter is received?

If all employees elect to receive their benefits now and are paid their benefits now, there would be no assets or participants included in the determination letter filing.)

Under Code Section 127, educational reimbursement amounts for graduate level courses were taxable to the employee before 1991. From 1991 to June 30, 1996, such reimbursement amounts were not taxable. As a result of SBJPA, educational reimbursement amounts for graduate level courses under Code Section 127 became taxable again.

Notice 96-68 defines graduate level courses as any course taken by an employee who: (1) has a bachelor's degree; OR (2) is receiving credit toward a more advanced degree, if the particular course can be taken for credit by any individual in a program leading to a law, business, medical, or other advanced academic or professional degree. Paragraph (2) is in the Code but (1) is not. Under (1) appears to preclude anyone with a bachelors degree from receiving NON-taxable tuition reimbursement. The effective date of this was June 30, 1996.

Every employer I've talked to about their 127 plan does not restrict non-taxable education reimbursements to employees who do not have a bachelors degree. Employees who have bachelors degrees are getting reimbursed unless they are taking a graduate level course under condition (1) above.

Am I misunderstanding 96-68? Is the IRS wrong and there is a case as authority? If I'm right, is this news to anyone?

If a Simple IRA is Adopted effective 7/1/99 is compensation for purposes of the matching contribution based on the full calandar year or only from 7/1/99?

Is there a cite for this?

Conversely, could you make the plan effective 1/1/99 and extend the 60 day period to include 7/1/99?

Sometime during the past 2 days this IRA Message Board saw its 1000th posting!

I particiapte in several BBS's in several topic areas and this one ranks right up there with the best.

Thank you to all for your interest and

participation over the past months. Your IRA expertise is appreciated by many, including those who read but do not post actively.

1000 postings---quite a milestone!

Cordially;

David Hammond-SRS

Your Humble Moderator

We are setting up our PS plans to use discretionary amounts contributed for each class, allocated salary proportionate (with required notice to trustee for discretionary amounts). How are forfeitures to be "allocated"? If they are used to "reduce" the contributions, how is that actually applied (to each group?) or worded in the document? Any help here would be appreciated.

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LKP

Is it possible for a TPA doing only traditional r/k to receive the sub t/a fees? It would seem to follow the same logic.

I have an ESOP plan that is a combination of a stock bonus plan and a money purchase pension(MPP) plan. Is it okay to contribute shares of company stock (for a privately-held company)to the money purchase part of the plan or do the contributions have to be in cash? Where can I find rules regarding the ESOP's MPP contribution guidelines?

Ours is a mid-size private special education school employing approx. 200 staff. Due to recent, as well as anticipated growth in the next year, we are reviewing policy related to employee benefits specifically "leave". I'm curious to learn more about "banking days" to be used as a pool for extreme & extended leave. Does anyone have a successful working model to share?

I would like to open a fund and contribute monthly for my childs education(4-1/2)years old. I would like to know if a Roth IRA is the best way. I looking at many angles - a tax advantage, don't want to jeopardize getting college federal and state funding (didn't want account opened in her name), no withdrawal penalties. Thanks......

Comp limits, deferral limits, etc. are all tied into the CPI-U (Consumer Price Index)

The numerator is:The average of the values for the three month period July, Aug, and Sept.

The denominator is the three month average Oct/Nov/Dec 1993 which was 145.7667

You multiply this value by your original limit (e.g. $150,000) to obtain the new limit. The comp limit only increases in increments of 10,000, the deferral limit in increments of $500, the 30,000 limit in increments of 5000.

You can obtain the CPI-U by calling (415) 975-4567 ---follow the instructions and enter code 2110. Its all computerized, you talk to no one, you eventually enter your fax #. (you will also get a CPI-W report - don't know what that is for.)

The value for March was 165.0. therefore, if that figure remains constant the rest of the year you have:

(165.0 / 145.7667) * $150,000 = $169,791

In other words, an early guess says next year the comp limit will probably be 170,000 because chances are that the index will continue to go up.

(unless Congress changes the rules again!)

The value for April should be out by now, I challenge someone to go out and grab it and report their findings!

What are the best companies to use? What rates of interest should I expect? Where can I get a DETAILED prospectus? I would appreciate anyone taking the time to respond. Thanks.

Is there a form or a formal notice that must be sent to the IRS/DOL when discontinuing a partially self-funded health plan and becoming fully insured?

A stipulation of agreement in a divorce settlement divides a defined contribution plan as 50% of accrued benefits. The DRO states 50% of total account balances. There are nonvested employer contributions. Question: Does the phrase 50% of accrued benefits include or exclude nonvested contributions?

I am looking for a good Benefit Communication Software that will help produce Employee Benefits Statements. Our HR software does not accomodate this. Fields like wages, benefit costs, 401k, etc.. I would like to see them all on one statement

I am on an indefinite medical leave from work. I recently inquired about necessary forms to file for short term disability benefits offered in addition to our life and accidental death and dismemberment insurance. I was told the policy had been cancelled in March and no alternative policy was established. We do not pay into any of our insurance; it is a "perk" for full-time employees according to our company policy. Is my employer legally responsible to offer compensatory benefits for his error? He was warned in Oct. of last year the policy would be terminated due to a drop in the number of insured employees; he did nothing about it, just kept sending the checks. In March they sent the premium back and told him our policy was terminated. He did not tell anyone in the company until I attempted to file my claim. What can I do? I have been out of work for 4 weeks without income. I am desperate!

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pam adamski

A client wants what I consider to be a fairly typical IRA beneficiary designation. He wants his wife as the primary beneficiary. If his wife does not survive him, he wants his benefits to go to his issue, not outright, but rather each person's share is to go to the trust for that person under the client's Will.

This seems like it's what most people would want, especially in our practice where most people provide for their beneficiaries in trust rather than outright, except for retirement benefits going to the spouse (which generally pass outright so the spouse can roll them over).

We are having a problem with a major financial institution which doesn't seem to understand this.

I suppose we could have drafted the Will slightly differently, to provide for a residuary trust which, if the spouse does not survive, is divided into equal shares for the children and held in further trust for their benefit, so that the residuary trust's existence is momentary, and then named the residuary trust as the contingent beneficiary. But, notwithstanding PLRs 9012009 and 9004042, the way we drafted it might give each child a slightly better chance of being able to use his/her own life expectancy.

The broader issue here is that it seems that I or fellow practioners have had difficulty (thus resulting in increased costs to the client) with a good many financial institutions.

Does anyone have any thoughts on this?

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Bruce Steiner, attorney

(212) 986-6000 (NY office)

(201) 862-1080 (NJ office)

also admitted in FL