david rigby

If you are looking for the Gray Book on an IRS website, remember that the IRS does not own it. (It is possible that they have permission to publish it, but ownership belongs to the Enrolled Actuaries Meeting.)

March 31, 2006 MOODY'S DAILY LONG-TERM CORPORATE BOND YIELD AVERAGES Utilities Industrial Corporate Aaa NA* 5.67 5.67 Aa 5.87 5.81 5.84 A 6.14 6.13 6.14 Baa 6.40 6.70 6.55 Avg 6.14 6.08 6.11 MOODY'S DAILY TREASURY YIELD AVERAGES Short-Term (3-5 yrs): 4.80 Medium-Term (5-10 yrs): 4.86 Long-Term (10+ yrs): 5.04 MOODY'S DAILY PUBLIC UTILITY COMMON STOCK YIELD AVERAGES Price: 277.5 Yield: 3.82 New Dividend: 10.60

You can purchase it at the CCA link given by Effen. I'm not aware of any link that will allow you to read the Q&As. These messge boards contain more than a few references, including a few quotes. Try searching, but you will be more successful using "gray" than "grey". (The former is the correct spelling.)

You could amend the plan to change NRA to age 62, and permit in-service distributions only to those beyond NRA. Yes, this provision must apply to all participants. A variation might be to amend the NRA to be the earlier of age 65, or age 62 with 25 years of service.

Don't forget to check the 415 limit.

My experience is that the callback from the JBEA will be somewhere between 1 and 30 days.

I believe the IRS opinion has been consistent. A plan must have a sponsor. When a sponsor ceases to exist, and there is no successor sponsor, the plan is deemed to terminate. A terminated plan may not continue to exist indefinitely as a wasting trust. Generally, it should not take more than 12 months to pay out the benefits; more than that looks like the wasting trust. BTW, are you the sponsor's legal counsel? Sponsor should have ERISA counsel to answer these Qs, especially possible remedy(ies) and whether CAP is the next step.

Sorry, I did not attend that session. Does this refer to 404(a)(7)? BTW. Harlan Weller ---> non-answer. I'm shocked, shocked!

Duh!

This sentence is too long.

We may not imagine how our lives could be more frustrating and complex--but Congress can.

If the pattern holds, Congress will act in the first two weeks of April.

Perhaps you could elaborate what you mean by "where". What type of pension is it? Defined benefit plan of a prior employer? (yes, I know this is the DB message board.) Defined contribution plan of a prior employer? IRA? etc.

And what does it mean when the trust "dies"? Could the trust also become disabled? When does the trust become age 70-1/2?

Possibly W (and/or counsel?) is "deficient" by not adhering to the court's order of drafting a QDRO? Possibly P is similarly at fault? Possible malpractice? Of course, mjb and QDROphile are correct in advising adequate counsel, both for P and W, as well as for the plan administrator. Also, advice that the PA cannot get involved, except to review draft DRO, is absolute. (BTW, in addition to adequate counsel, P and/or W may need new counsel.)

Every state has a website, with links to its "department of revenue" or whatever they call it. Does this still work? www.sisterstates.com

mjb is exactly on point. Another point: 1000 hour rule? vesting? will any real benefit accrue to these children? BTW, is this a DB or a DC plan?

Econ 101. That is not what causes inflation.

"I would sue the promoters as well as the law firm in such a matter." You would? Why? Do you mean "the IRS should sue..."?

"...do you think these music devices are the next tobacco" How about liquor, which can kill in only one use, when mixed with gasoline.

Try another insurer?

There may be another option, at least with respect to testing. Have you determined whether there is/should be/could be other plans to aggregate for TH testing?

I believe you will find that IRS Reg 1.411(d)-4 indicates that death benefits greater than the QPSA minimum are not protected and can be eliminated/reduced. (BTW, disability benefits are also in the "unprotected" category.) See Federal Register Vol.53, No.132, July 11, 1988.

You may want a copy of IRS Publication 575: http://www.irs.gov/pub/irs-pdf/p575.pdf Call 1-800-TAX-FORM

I second Mike's comments. It seems unlikely that any regulatory pronouncement can override the statute, and unlikely that the IRS would try to do so. Nor does 412(c )(8) seem to impact anything outside of 412.