david rigby

Why are there inconsistencies in federal statutes? Perhaps, successful lobbying.

As Andy states, WRERA changed the statute. We still await commentary from the IRS as to its meaning. Earlier discussions: http://benefitslink.com/boards/index.php?showtopic=40708 http://benefitslink.com/boards/index.php?showtopic=40788

I always enjoy Peter's discussions. From the non-lawyer perspective, Sieve's question is a no-brainer: NO. It's probably also obvious that embedded within his question is the history of why we have statutes/regs that deal with leased employees.

Keep careful records. Money back in the trust. BTW, consider that this person may not be "missing", but could be deceased.

Hmmm. Released as a directive to DOL staff ("field assistance bulletin"). "Questions concerning this memorandum may be directed to Stephanie Ward at 202.693.8500." Grant, if you call with your question, please post the response.

A few prior discussions similar to this one. Perhaps oversimplified, it boils down to the relationship, including written service agreement, between the vendor and the plan sponsor.

Perhaps many of us are available for hire.

I second Effen's comments. That said, it always true that the customer has the right to consider other vendors. Feel free to consider. However, don't get hung up on the hourly billing rate. What counts (primarily) is: value. As customer, you are entitled to judge value on any basis you choose (we call that free enterprise), but be sure you ask your actuary what he/she thinks the basis is. If you want to consider other vendors, that is only one of the many questions you will ask.

See IRC 430(h)(2)(E) from PPA section 112.

The actuary may be correct about about waiting until January 2010 for the proper interest rate. It depends on the plan year, and the plan's definition of stability period and lookback month. Recommended that the election forms be sent more than 30 days before actual distrubion, espcecially since the J&S eleciton period is now 30-180 days. However, it is possible to send forms with an estimate of the benefit, with proper caveats. Discuss the alternatives, including the administrative issues associated your schedule, with your actuary.

Does the plan define spouse? Still an active employee at date of death?

Most rates can be found here: http://www.irs.gov/retirement/article/0,,id=123231,00.html Could you be more specific? What is the context? (In general, "GATT rates" are no longer applicable, so we need more information to help you.)

A contribution cannot be made for a plan year prior to the beginning of that plan year. But, if the IRS has changed its position on this, I hope someone will tell us.

Convenient link for IRS regs. http://ecfr.gpoaccess.gov/cgi/t/text/text-...26/26tab_02.tpl

In many cases, American health care.

What does this have to do with a plan freeze? Who's in charge here?

OK. When referring to TH, my intent was to refer to possible coding error, not plan provision.

http://www.irs.gov/retirement/article/0,,id=123231,00.html Click on "Monthly Yield Curve Tables". The IRS has finally provided these in spreadsheet format!

Maybe. What if the client has not yet contributed its 2008 PY contribution, and wants the absolute minimum? The result will not produce any prefunding balance? Does that not require some revision?

Since you say "TNC", I assume this is UC method. Just asking. Could a TH minimum be the cause? Could there be some unusual death benefit as cause?

When you review the "funded level" (especially in the overfunded plan), be sure to note the plan provision that defines what happens to excess assets, if any, upon plan termination.

Could there be a typographical error in there somewhere? P.S. Post the exact language?

Data as of 30-JAN-09 (Friday) Moody's Daily Long-term Corporate Bond Yield Averages Utilities Industrial Corporate Aaa NA 5.32 5.32 Aa 6.26 5.96 6.11 A 6.52 6.70 6.61 Baa 7.97 8.53 8.25 Avg 6.92 6.63 6.78 Moody's Daily Treasury Yield Averages Short-Term (3-5 yrs) 1.10 Medium-Term (5-10 yrs) 2.50 Long-Term (10+ yrs) 3.72

Very impressive.

See p. 13 of General Instructions. http://www.irs.gov/pub/irs-pdf/i1099gi.pdf