david rigby

Data as of 31-JUL-08 Moody's Daily Long-term Corporate Bond Yield Averages Utilities Industrial Corporate Aaa NA 5.73 5.73 Aa 6.16 6.02 6.09 A 6.44 6.61 6.53 Baa 7.03 7.38 7.21 Avg 6.54 6.44 6.49 Moody's Daily Treasury Yield Averages Short-Term (3-5 yrs) 2.86 Medium-Term (5-10 yrs) 3.61 Long-Term (10+ yrs) 4.51

Are saying that the IRS did propose a 10% excise tax? If so, perhaps the IRS agent is misinterpreting sec. 4972. The answer from Sieve looks pretty good.

Do 1994 plan provision change, in a relevant manner, the death benefit provisions in effect at time of the 1992 waiver? If not, the waiver should be usable. (Yes, I understand 411d6 may not be relevant here.)

Fascinating. Just my opinion, but I would make a "note to file" with the documentation you mentioned, and drop this person immediately, without any survivor benefits.

A DB plan has a limit on the amount of annual benefit that can be paid out. A DC plan has a limit on the amount of annual contribution that can be paid in. Neither limit has a direct impact on the other, but there are some instances when the provisions of one plan can impact the other plan under IRC 401(a)(4). IRC 404(a)(7) contains a limit on the amount of permissble deduction when both plan types cover overlapping groups of employees.

Who is Manny Ramirez?

If you have indication that the request is "termination liability", then make a reasonable determination of that (not sure who is paying for this extra work). But, as Mike implies, this may have nothing to do with termination liability. From the description given, it certainly is not clear why this information is relevant to the FDIC.

Duplicate postings are awkward: http://benefitslink.com/boards/index.php?showtopic=39303

I'm not familiar with this concept.

As stated, it depends. Here is another example. Annuity payment form; retiree elects LA with 10-yr certain, then retiree dies within 10 years. Somebody gets the remaining payments, according to the beneficiary election (or plan default if needed). That somebody can (and should) name a beneficiary in case she/he dies before all remaining payments are made.

http://benefitslink.com/IRS/revrul2007-43.pdf This Revenue Ruling concerns a DC plan. However, the text uses language that suggests that a percentage test is viewed based on active participants, such as "severance from employment" or "turnover rate". IMHO, this is the common sense approach. As always, and as mentioned in the RR, any partial termination is evaluated in light of the particular facts and circumstances.

Amusing. Since this is BenefitsLink, you could use this: http://www.irs.gov/pub/irs-irbs/irb00-42.pdf

Is there is a potential problem in how those expenses are allocated? For example, suppose some participants receive a 75% distribution and others receive zero (due to a variety of administrative reasons), then the "final" expenses are determined. - What is the base for allocating those expenses? - Does the length of the intervening time period matter? - Does the type of expense matter? Anyone have experience with that?

http://www.abanet.org/jceb/2004/qa04irs.pdf Question 19.

My condolences on the loss of your father. We assume your reference to "retirement account" is a plan sponsored by his employer. If something else, then other rules may apply. Other than the excellent advice above, there is a limited exception: if your father was employed by a governmental unit, the plan may not be subject to the ERISA survivor rules as outlined by JSimmons.

From a non-lawyer: Since "statute of limitations" refers to a statute (that is, a law), it seems unlikely that a plan could define the law. But, perhaps the original Q was trying to ask if the plan could define (internally) a time limit for its own appeal procedures. ERISA § 503, and the relevant DOL regulation.

Perhaps http://www.moboni.com/

Any concerns about top-heavy acrruals?

Maybe. Don't forget to read paragraph 5. Paragraph 21 provides an alternative to paragraph 20.

SoCal is correct, but remember that it is never official until the IRS provides the rate.

You may wish to Search the Message Board, possibly with keyword "custody", or similar.

Ever heard of the Joint Committee on Taxation? http://www.jct.gov/ Read about the committee under "About Us". The click on "Publications" to learn about, and see, the Blue Books.

http://www.irs.gov/retirement/content/0,,id=96710,00.html Click on "List of Published Guidance", then on Notices. You will find all the recent Notices that issue the various rates. The one-sentence synopsis of the Notices may refer to 412 and/or 430, but the Notices will also include a section with the 417 rates. I don't know about day of the week or month, but all the 2008 Notices were issued in the first 10 days of the month, ranging from the 4th to the 9th. Likely, it will be issued and available on an IRS website, and on BenefitsLink, before it appears in the Internal Revenue Bulletin.

Links to several sets of interest rates: http://www.irs.gov/retirement/article/0,,id=123231,00.html

Look thru the downloads at this site: http://www.komando.com/