Due to a court settlement EE will receive W-2 showing gross income of $55,000 for 1998. As part of the settlement EE resigned effective 12/31/97. Is he in the SEP for '98 because of the W-2 or is he out because he performed no hours of service in '98?

Can a Multi-Employer Pension Plan use Plan Assets to pay membership dues for a city's Chamber of Commerce? The Plan's Trustees feel the membership would benefit the participants. What if the Plan wants to join the City's African American Chamber of Commerce (majority of participants are African American)?

I will be holding a 2 day review course for the ASPA C-2DB exam on Monday and Tuesday November 16 and 17 in Jacksonville, FL. I know its the last minute, but if you are interested please email or call me at 800 361-4635.

A welfare plan has two insurance contracts. The premium payments are sent to another entity, which acts as a clearinghouse of sorts, and then forwards one check to the insurance company. Are those premium payments considered plan assets? If so, what is the authority for that conclusion?

I think the legislative push should be to get back to DB plans. I think retirees have lost out big on the shift from DB to DC

We are a small independent TPA - 2 people - 1 primarily for sales and 1 for administration. We are approaching the point where we need to look at recruiting an additional sales person and would like to know what a typical job description and compensation package would be. We are located in Southern California, and work in the market of defined contribution plans for small businesses (generally 1-50 participants). We are heavily into New Comparability and are moving into the area of combined Profit Sharing 401(k) Plans. Would appreciate any ideas. Thanks.

At this time, rollovers from 403(B) plans into 401(k) plans (and vice versa) is not allowed. I seem to remember seeing something in legislation in the last 9 months, but don't think anything ever happened with that.

if you had access to Santa Claus (read Congress) what specific provisions would you want changed in order to simplify the administration of plans while maintaining "budget neutrality"?...and, perhaps, encouraging more firms to sponsor plans ...

e.g., eliminate separate definitions of hce and key; get rid of either minimum funding or PBGC (my favorite)

PLEASE CORRECT ME IF I'M WRONG! HERE'S MY UNDERSTANDING OF NEW DISCRIM. TEST RULES...

IF USED CURRENT DATA FOR ALL PREVIOUS YEARS INCLUDING 1997, CAN ELECT TO USE CURRENT OR PRIOR IN 1998. IF USED PRIOR IN 1997, THEN CAN ELECT TO USE PRIOR OR CURRENT IN 1998, BECAUSE YOU CAN ALWAYS ELECT TO USE CURRENT YR DATA. IF USE PRIOR IN 1997, CURRENT IN 1998, THEN MUST USE CURRENT IN 1999. YOU CAN NOT ELECT TO USE PRIOR FOR 5 YEARS. RIGHT?...OR AM I TOTALLY CONFUSED?? PLEASE ADVISE!!

Being an Temporary employee of a large US firm for 17 years, never being offerred direct employment with Customer. Person

dies unexpectedly in auto accident, (fell asleep)on there way home from working a

19 hour workday. Can this persons spouse and

children sue the Firm at which the person

worked at for seventeen years for full

benefits? Actual Situation, state Florida

I requested tuition assistance this quarter and it was approved by my employer. about a week ago, i was laid off. i have requested the tuition reimbursement but have received no response. are they under any obligation. problem is no job no money, i put the tuition & fees on my credit card.

This thread has gotten huge - and contains numerous "subthreads". It seems that anyone who has a question or issue relating to Safe Harbor 401(k) Plans posts it here.

Please don't do that. Instead, start a new thread with your issue.

I will wait a few days to close Mac Lewis's thread to allow time for posting specific responses to items already posted there.

Thank you.

Please consider this scenario. The sponsor of a defined benefit pension plan fails to make the required minimum funding contributions. ERISA Section 302; IRC Section 412. A year or more goes by, and the plan assets increase in value, due to market gains.

Question: Is there any way the plan sponsor can recalculate the required contributions that are now due, to reduce or eliminate the required contributions in light of the fact that the actual plan underfunding has been reduced or eliminated?

An entity receives premium payments (consisting of both employer and employee contributions) under a fully insured multiple employer plan. It retains those premiums for some time and then remits them to the insurance company. Is there any problem with the entity's retention of the interest earned (the "float")?

A nonowner employee works for a corporation which has a 401(k) plan. His compensation is $160,000. The employee defers $10,000 and receives a $1,000 match. He also receives commissions of $190,000 from an unrelated corporation. Can he set up a SEP and contribute $24,000 to the SEP. Or is he limited by Section 415 to a $19,000 ($30,000 minus $11,000)contribution? If possible, please cite the Code or Regulations.

Is the Alt Payee eligible for an early retirement subsidy when the participant attains early retirement age, but does not commence???

The definition of an Eligible Retirement Plan (to receive a rollover) includes "a qualified trust". 402©(8)(B),1.402©-2, Q&A-2.

Does this mean a DB Plan can accept a rollover? If it does, how does one account for the value of the rollover?

I received a short printed summary regarding comments made by Robert Doyle w/DoL. The comments related to audit requirements for plans with less than 100 participants. A possible exemption may exist for corporate trustee'd plans. I am looking for additional information.

My company has many non-US citizens working in the US and many US citizens working overseas. Non-US citizens returning to or transferring to another unit/office of the same company are generally not considered to have a 'separation of service' event. Therefore, a final or total distribution is most likely not possible.

As far as I know, direct rollovers to an account outside the US is not permitted (the IRS ultimately wants to get it's cut).

In our plan, an employee returning to his 'home' country is not considered terminated for plan purposes. While he/she cannot contribute additional amounts or take loans (because they are no longer on the payroll), we do allow them to take in-service withdrawals and to re-balance their account.

When they ultimately terminate or retire the final distribution options can occur. As you can imagine the tax laws vary greatly from country-to-country and are often guided by an existing tax treaty.

Are there any laws requiring companies to pay benefits.

medical,dental,retirement,401k etc.