Can partners participate in a SEP? I seem to remember that they can (as employee-partners), but are they subject to special contribution limits due to their status as partners? For instance, are partner-employee contributions limited to the 402(g) limit ($10,000 in 1998) and NOT the limit otherwise applicable to SEPs (15% of pay up to the maximum contribution of $24,000 = 15% of $160,000). I need help and can't find the answer anywhere.

If anyone has recently dealt with the effects of Social Security integration/offset on an existing State or Local governments plan funding status, I would like to hear about it. Since all existing proposals include mandated coverage which "rescues" Social Security for two years--exchanging 20 billion of income for $3 Trillion in unfunded Social Security liability, I'd like to get opinions on whether State and Local plan funding is effected negatively or positively when Social Security is added.

Working with an indian nation in Oklahoma. I realize they can have 401(k) plans since Small Busines Job Protection, however am having trouble find out about their status - do they file 5500 Series, audits, etc. Would appreciate any help with indian nations.

I have recently been advised that my divorce is invalid in the Dominican Republic and in the U.S. because the law in the D.R. was not followed. On the day I informed him of this, he allowed a QDRO to be entered and approved by the court in Illinois giving 100% of his pension benefit to his first wife. What does his employer have an obligation to do if I inform them that the participant is still married?

I have only been covered under the One Health plan since October 1st and already I'm finding that an important part of my medical care is not covered. I was diagnosed with gestational diabetes and the doctor prescribed a glucometer and testing strips to be used 4 times daily until I deliver. Cost was over $110 and it's $20 per week for the strips!! Could it be a mistake that they are not covered (I just received the turn-down letter today)

Can anyone direct me to a case where a party was seeking discovery of an acquisition agreement pursuant to Sect 104 or any of the 502 sections?

Govt. ER (a unit of a county government) sponsors a traditional DB plan. County is "selliing" the function to a non-profit organization (a university). The county will retain the plan. EEs will be employed by a division of the non-profit. EEs will cease benefit service accruals but will get the benefit of future salary increases while employed with this division (but not if they transfer to any other division of the non-profit). EEs will continue to earn service for vesting and eligibility under the same rules, while employed by that division.

1. Is this going to be a termination of employment? If so, EEs may be able to continue working and receive a benefit. This is especially a problem due to a very generous early retirement provision. EEs are already talking about it. If so, is there any way to avoid this problem? I don't think that we can amend the definition of "Employer" to include the non-profit because that would "muck up" the "governmental" status of the plan.

2. Since this is plan is not subject to IRC 411, there should be no problem with a "partial termination". Is that correct?

3. What else am I forgetting?

Thanks.

Under Code USC 1058 - The benefit a participant received after a pension plan is merged must be equal to or greater than benefit she was entitled to receive before the plan merger.

In Jan. 1996 a terminated participant requested his lump sum pension using PBGC rate and 1984 Mortality table, his amount to be distributed is $58,000, without his knowledge, in Feb of 1996 his plan is merged and the successor plan is using the code 417 accurrial assumption as amended by Gaat-RPA 1994 to determine lump sum values. In March he received his lump sum distribution of $48,000 from the successor plan sponsor.

Is 1058 violated? Does 411(d)(6) protect the lump sum amount due prior to the merger?

My firm employs approixmately 10,000 ees with about a 20% participation rate. We are with Fidelity but are not convinced that they meet our needs. Anyone have great experiences with any other companies?

At last week's ASPA meeting, Jim Holland spoke on Rev Ruling 98-1. All of those I spoke to who attended the session, including myself, are just as confused as we were before about exactly what options are available, how to select which option is best for a particular plan or participant, how to calculate the benefits described and how to write these rules in a document. I would like to hear from others, whether or not you attended the session, about how you are addressing this issue.

I work for a small TPA and we are cosidering entering into the daily val arena. I'm looking for some feedback form individuals downloading daily trade information perhaps on a qtrly basis to produce client reports. Some of the providers in the market that I am aware of are Nationwide, Aetna, Corbel.

Looking to find out what the administrative pitfalls are, and other concerns.

I was wondering if anyone knew of any survey data that showed typical waiting periods for 401(k) programs. We are a manufacturing company with about 800 employees and I want to decrease our waiting period and need some facts to support. Thanks for any help.

What documents does the plan administrator of a defined benefit plan have to make available for public inspection?

I beleive a complete 5500 or 5500 C/R is one. Are there others?

What documents, if any, does the same plan administrator have to make available to the public for any defined benefit plan it has merged into itself within the last five year?

We have a small employer with a 401k profit sharing plan that wants to include independent contractors - is there any

way the indep. contractors can adopt the

plan of the employer and therefore participate? Help.

In the wake of the Ninth Circuit's Microsoft rulings on the eligibility of independent contractors for benefits under Microsoft's plans, the DOL sued Time in the Southern District of NY last week, alleging that Time's writers and photographers are, in fact, employees, once again eligible for benefits. Time's angry response underscores the gravity of the issues and demonstrates that these questions are not soon likely to go away. See Time's Press Release at:

www.pathfinder.com/corp/tw/pr/labor

102698.html

When an employee severs employment, is he entitled to receive compensation for his earned vacation time? Even if the time would not be available to be used by the employee until the following calendar year? If the answers are yes, I would like to have know how to document the legal rights of the employee.

Thanks

My question concerns wether a defined contribution plan can deduct certain expenses from the plan itself or wether these expenses should be deducted by the plan sponsor/employer.

The employer has two plans: a defined contribution plan and a defined benefit plan. Certain participants of the defined benefit plan are allowed to participate in the defined contribution plan. As a result, some of these participants may receive benefits that exceed the section 415 limitations. Expenses such as plan amendment fees, actuary fees, reporting fees, etc. will need to be incurred to determine whether there is a section 415 problem.

Can the plan deduct these expenses or are these expenses more appropriately deductible by the employer/plan sponsor only?

When a 403(B) employer selects authorized investments can the employer also mandate who must be the broker? Can there be two brokers on the same account with the same investments?

Owner of business A purchases business B

in mid 1999. Business A has a SIMPLE IRA in

place since 1997. Business B has no plan. How are employees of business B treated for eligibility?

Must business B start a SIMPLE in '99?

Our current vacation policy is based upon individual's "year" -- hire mm/dd to hire mm/dd. 2 wks 1-7 yrs; 3 wks 8-13yrs; 4 wks 14-20; 5 wks 21+. This seems somewhat antiquated with labor shortages and need to "attract and retain" being a priority. Want to revamp policy to a calendar year basis - any suggestions?