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Dental Benefits
Can anyone direct me to a website that can provide current regs/laws and requirements for designing a self-funded dental plan? (I need information such as required language for SPDs or required benefit levels)
Thanks!
Two employers and exceeding the $5,000 limit
Suppose an employee is hired midyear and signs up for $3,000, then, later, the employee mentions he/she signed up and had $3,000 deducted from previous employer.
The employee will have $6,000 deducted pre-tax when only $5,000 is an allowed deduction for the year. Can the employee change the current deduction to correct the error (without a family status change)? If not, what happens to the employee at the end of the year?
Involuntary Cash-outs
The new law increases the limit on involuntary cash-outs from $3,500 to $5,000. Out Plan Document (combined Profit Sharing and 401(k)) is being updated by our Trustee to reflect the change. Are we required to notify our current TRD's of the change? and require them to distribute?
Wages
Looking for information on industry scale wages for Plan Administration. Small (>1,000)companies.
DC plan w/ both union and non-union participants - top heavy treatment
I am working w/ a plan that recently converted a division's employees to collectively bargained union status. Apparently the group was given the option to be covered under a plan for collectively bargained people but opted not to do that. Instead, this group continues to participate in the employer's DC 401(k) plan. I believe I have to test ADP twice - once for the union group and once for everyone else who is eligible.
Do I have to test separately for top heavy? I have read IRC 416 and the regs and cannot find anything on this issue. Does the silence in the regs mean I just test for top heavy as I always have (one group)? I am concerned because of the req't to split the groups for ADP. This group as a whole is close to top heavy - if I have to break off the union balances onto their own test, likely the other group's key balances would exceed 60%.
Does anyone have any experience w/ this issue? Thank you.
Benchmarking Info RE: Vesting under 401(k) Plans
Can anybody direct me to some good benchmarking survey information (free) regarding vesting schedules under 401(k) plans?
Disposition of Form 1099-R for Non-Distribution
A check was sent to a participant in 1997 and a 1099-R was issued for 1997. It now turns out the participant never cashed the check. What should the Plan Sponsor do with respect to the 1099-R which has, of course, already been submitted to the IRS?
Chart of Inflation-Indexed Limits Updated for 1999 Limits
The chart of maximum limits subject to inflation indexing at my employee benefits legal resource site has now been amended to include the newly announced 1999 limits. Among other things, the chart shows limits under sections 415, 403(B), 401(k), and 457, as well as the Social Security wage base and Social Security and Medicare tax rates, for 1996, 1997, 1998, and 1999. It also includes the 401(a)(17) limits on compensation taken into account, both under the general rules and under the special rule for grandfathered participants in governmental plans which, on July 1, 1993, followed the 401(a)(17) rules.
[Note: This message was edited by CVCalhoun]
information on web_search engine
i would like to know where should i get information about creating a new web search engine
Mandatory benenfits & ERISA
I work for a non-profit organization which is very generous with employee benefits. My benefits manual has a warning about failing to communicate and administar employee benefits under federal law. Does this fall under ERISA? If a benefit was denied even by ignorance of law, what recourse would employees have and where can I get a copy of these laws?
Post age 65 accruals
A plan provides for act increases for late ret.
The plan changes act equiv in 1994, from an interest and mort table to a table of act increases w/ no reference to specific assumptions.
A participant reaches age 65 in 1991 and retires in 1999.
My feeling is that his act increased benefit s/b on old basis to 1994 and then perhaps on new basis (less generous) from 1994. The Plan just uses less generous new basis.
Any thoughts on what is acceptable approach. Perhaps the old basis is only basis that s/b used since his entire age 65 pension was accrued before 1994.
gary
Deferrals for Part-Time Employees
I am working on a plan in which one of the employees went from full-time to part-time work. She was a participant in the plan, then she quit for about 4 months, and now she works once or twice each month if needed. Because she was a participant and did not incur a break-in-service, can she still defer? If she defers now (the document does not specify a minimum number of hours that have to be worked after the 1000 hour eligibility requirement has been met) will she incur 5 breaks in service after 5 years and then have to stop deferring? Please Help!
Employee Deferrals for Part-time employees
I am also working on a plan that has a participant who cleans the kitchen monthly. She gets an extra check for $100 each month for this cleaning and it is counted in her W-2 wages. The document defines compensation as W-2 wages; however, this lady doesn't want deferrals taken out of this extra check, only from her regular employee checks. Can she do this?
[This message has been edited by JCONNER (edited 10-23-98).]
Hardship Withdrawal
I have called my plan admn.-and/or 3rd party admn's office- three times since August 26th, 1998. After the third time I was informed by the company 401K plan admn. that all correspondence must be in writing. From that point I have sent three requests for hardship withdrawal forms and twice I have asked in writing for input on plan information and instructions (sent via certified mail). I received a copy of the plan, which I did not have prior to the requests, and three forms for things like salary reduction (% amount to deduct) etc. but no form for a hardship withdrawal. I have contacted the Dept. of Labor, Pension and Benefits Admn. with carbon copies of all the written requests this week. I do no know what to do to motivate my former employer to release hardship withdrawal forms and information beyond what I have done. Any suggestions? Is there a legal limit on responding to these requests?
Limit on time to remit to Investor
I am curious what the time limit (in days) is (maybe from the IRS) that an employer can hold onto the 403(B) money withdrawn from employee paychecks before they send it to the investment vehicle. Is there a different time limit on the 403 (B) employer's match portion?
Shopping for a Plan
We have a 403(B) now for our 9-1-1 District but we wonder if we can get as good a plan for less expenses and fees?
If you can supply such a program in Alabama please email john@shelby911.org and we will furnish particulars.
Thanks
ESOP Termination .... Eliminate Stock Distribution?
A client is terminating an ESOP. May the employer eliminate stock as a form of distribution and instead elect to pay everyone in cash? Any thoughts? Thanks.
Sprague vs General Motors on Cert USSC
On Jan 7, 1998, 6th CCA decided the above
case concerning the issue of whether an
employer may cancel life health care offered
to prospective retirees as an inducement for
them to retire. Does anyone have knowledge
as to status of this case before the USSC,
the schedule for briefs and oral arguments,
and whether there is any organized retiree
cooperation supporting the position of
retirees. Respond to rwseas95@ccnet.com
SIMPLE IRA
How do you handle the situation if someone overfunds their SIMPLE IRA (put in $12,000 of deferral instead of $6,000)? How is the money refunded? 1099?
Restricted Stock: Section 83 Restricted Property
Company has a service based restricted stock award that lapses after a straight 6 years of service. Exec covered in plan goes to sub after 4 years of service. Plan defines participation to continue if he moves to sub (no forfeiture). Parent wants to be reimbursed for 2 years of service from sub for time exec spends there. Parent wants to condition the distribution of the shares at the end of six years on reimbursement to the parent for the 2 years of service at the sub. Market price of shares may only be determined at lapse. Parents tells sub to pay market price on day of lapse, or no shares for exec. Any issues under Section 83 restricted property? Is it a non-lapsing condition?





