I have a situation where an employer has three classifications of employees: full-time,40 p/wk.; part-time, 30 or

Question: In determining the most recent one-year period of service for part-time employees, should the standard work-period be 1,560 hours (bi-weekly pay periods)per year? If so, should the years of service for each employee working less than 1,560 be some fraction of this number or, should the fraction be converted into the number of weeks of months? Further, should the includible compensation for each part-time employee consider as many years prior as needed to make up 1,560 hours?

How would this affect employees that move from a part-time to as needed position when the document does not exclude employees working less than 20 hours per week?

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Here's a story by Kathy M. Kristof in the business section of the 4/10/99 L.A. Times (www.latimes.com) on incorrect Roth conversions (i.e. too much AGI). According to Kristof's IRS source, you still may be able to recharacterize and file an amended return, even if you have already filed your regular return:

"After receiving "a few hundred" tax returns in which taxpayers

improperly converted traditional IRAs to Roths, the IRS says

taxpayers may "re-characterize" these transactions to avoid penalties--but

must do it quickly.

Taxpayers may not convert a traditional IRA to a Roth in a tax year in

which their income--married or single--exceeds $100,000. If they do,

they are subject to income taxes and a 10% penalty on the converted

amount. However, if they simply erred, they can undo the

conversion--that's "re-characterization" in tax-speak--by putting the

money back into a traditional IRA before Thursday's deadline, the IRS

said. Taxpayers who receive a filing extension have until Aug. 15 to undo

a conversion without penalty.

As for the taxpayers who improperly converted Roths in filings already

received by the IRS: "I can only guess that they didn't read the directions,"

said Don Roberts, an IRS spokesman in Washington.

Taxpayers who have already filed but now realize that they were not

allowed to convert their IRA should file a 1040X amended return."

[This message has been edited by jamesfdavis (edited 04-10-99).]

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[This message has been edited by skrambo (edited 04-11-99).]

I would like to know if mediation services are available to employees in Long Term Care, Assisted Living and generally for employees in geriatric health and home care. Please feel free to respond to my E-Mail and note your topic. Do you have suggestions on how to institute such a program?

Usually the deaths you find are those who are not in pay status, such as vested terms with a deferred benefit. If you get a "hit" on a person in pay status, you should verify immediately. Stopping the payment w/o verifying seems like asking for trouble.

I also suggest you search this website, especially the Message Boards, for more. I recall a similar discussion a few months ago.

I have a question. In my divorce, my lawyer requested (and former spouse did not contest) that he continue to keep me on his employer's health insurance, which is cost free to the ex spouse. Now, many months later, he is attempting legal action against me and my attorney for allegedly "attempting to force him to violate the law" by keeping me on the insurance. He removed me before the divorce was final, violating the temporary order in our divorce which states that I MUST remain covered until the divorce is finalized. I have two questions: First, is it ILLEGAL for my ex to voluntarily continue to cover me, and secondly, since I did not receive COBRA notification until 50 days after I ceased being covered and did not have time to enroll in COBRA, do I have any recourse?

Thank you.

Rebecca M.

We converted our IRA's to ROTH IRA's on 12/31/98. Preparing our taxes now, with TurboTax, we are being told that we have a FINE for not paying quarterly taxes...and that we have to pay quarterly taxes next year...! This is ONLY because of the Roth monies...we actually OVERPAID our taxes...we were going to get back a few thousand...except for the ROTH's. IS THIS RIGHT? ARE YOU FINED LIKE YOU DIDN'T TAKE OUT ENOUGH TAXES OR IS THERE AN EXEMPTION OF SOME KIND?

A SARSEP's eligibility is age 19 and $400 earnings during the plan year. An employee is 19 when hired. Does he participate as soon as $400 is earned? Must he be included in discrimination testing?

Also, a SARSEP fails ADP in 1997 and 1998. In 1998, 50% of eligible employees do not defer. Are there any correction methods available other than withdrawal from the IRA's and inclusion of the excess deferrals in income? (Such as QNEC's, etc.) Thanks.

Our company is considering bringing the plan administration (recordkeeping, etc.) of its 401(k) in-house, and wants to try to find a way to charge the plan for expenses incurred. Realizing that we cannot charge what we would charge clients for this service (as that would include a profit to the company), and that we cannot directly charge salaries (we won't allocate a full-time head to the task), what CAN we charge? Has anyone else run into this with their own plan? If so, what was your decision, and did you get DOL guidance?

My wife and I would each like to open Roth IRAs and would like to know what is the maximum that we can contribute. I earn about 30k and she doesn't work.

Assuming a $35000 traditional IRA with a basis of $10000. If I convert the non-deductible $10000 to a Roth IRA shouldn't the basis of my traditional IRA -0- ? On my 8606 I still come up with $10000. Which is correct?

If an employee's recoverable contributions exceed the amount being distributed from post-tax accounts, is the recovered basis limited to the amount distributed from these accounts or can the participant recover the full amount?

For example, Jim has $1000 in recoverable contributions, but lost money in those accts so his ending balance is only $800. However, because his distribution includes pre-tax money, his total distribution is $2000. Would his taxable amount be $1200 or $1000?

(Assume the $1000 has already been established as the amount eligible for tax-free distribution.)

Thanks!

Does a participant in a health care spending account have to first file his medical expenses with his/her insurance before it can be paid under the flex plan?

I have an employee who does not think he needs to file his chiropractic bills with his medical insurance prior to submitting to flex. We have coverage under our medical for chiropractic care and he does have available benefits. I have asked our outside legal council their view and they feel that a medical claim must be filed first for payment or declination. Our plan document also states this.

Our employee seems to think that other companies do not require this and I would like to know if there are in fact companies that do not require the expenses to be filed with medical insurance first. For those companies that don't require medical filing I would like to know what part of the regulation that you used to implement the plan this way so I can review it.

We are a trust and have the need to report on all the plans we administer as a whole. I have tried to customize a report in Report Writer that will count the number of participants in each plan. Sounds easy, but I have had problems with alphabetizing and other. Support said it must be grouped by plan ID then sorted by aplha. Anyone have a report of this type they could share? email: jhagan@flcities.com Thanks!

We have a client who is terminating his Canadian business and relocating to the USA. He wants to establish a qualified plan here in the US on behalf of his new business here. For purposes of eligibility & vesting, he wants to give credit for service with his prior Canadian business.

Anybody see any problem in doing this?

Thanks for the help!!

How long does it take for a retiree to receive their first check (lump sum or annuity) after their retirement date in your plan. We are currently involved in a dispute with the company over this issue and comparative data will help our case. We are a union representing the pilot group.

Thanks.

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Karen L. Browne, C.E.B.S.

Benefits Specialist

Air Line Pilots Association, Int.

In '98 my wife & I rolled over our regular IRAs into a Roth. Line 15b will be approximately $ 30k for four years. We now learn our '98 AGI is $ 102K. In '98 we made a $ 2000 (each of us) Roth contribution. Does the $ 100K maximum for a Roth exclude or include our Roth Conversion income of $ 30K ? If I need to undo this, please advise what is needed. THANKS.

Does the employer have a choice whether or not to contribute in a 401(k) plan, and what are the pros and cons of contributing?

Hi,

I had 2 IRAs in 98, one Contributory IRA and one Rollover IRA which was funded from a 401K plan at an old employer. My contributory IRA had a cost basis from some non deductible as well as deductible contributions but my rollover had no cost basis since it was all pre tax money. I ended up converting all of my Contributory IRA but didn't convert any of my Rollover IRA to a Roth IRA.

On form 8606, it says that I need to include the value of ALL my traditional IRAs. Does that mean that I need to include my rollover as well? If so, then my basis gets spread between the value of the rollover and the value of the new Roth and I can't deduct my entire cost basis from my Roth conversion even though all the non deductible contributions took place in that traditional IRA that was converted to the Roth? Is this the case? Seems a bit unfair to me? Or am I missing something here? Also, that would mean that I would have a cost basis for a rollover IRA which technically shouldn't happen since all of that money came from tax free money in a 401K plan in the first place?

Thanks in advance for the help.

I do not find anywhere nor have I seen in my years of administering the 125K flexible spending account, where both husband and wife employed by the same employer can or cannot be enrolled in both the spending accounts in the same plan year. (health care and dependent care. Would appreciate any comments!