david rigby

We need more of this. 204(h) notice done?

See "What is Not Compensation" on page 7: http://www.irs.gov/pub/irs-pdf/p590.pdf

MGB is correct. Not only that, you cannot "terminate" and "convert". Those are mutually exclusive.

March 31, 2005 MOODY'S DAILY LONG-TERM CORPORATE BOND YIELD AVERAGES Utilities Industrial Corporate Aaa NA* 5.40 5.40 Aa 5.79 5.42 5.61 A 5.75 5.62 5.69 Baa 6.04 6.23 6.14 Avg 5.86 5.67 5.77 MOODY'S DAILY TREASURY YIELD AVERAGES Short-Term (3-5 yrs): 4.03 Medium-Term (5-10 yrs): 4.39 Long-Term (10+ yrs): 4.81 MOODY'S DAILY PUBLIC UTILITY COMMON STOCK YIELD AVERAGES Price: 261.0 Yield: 3.86 New Dividend: 10.08

Off to the EA Meeting. Tally ho!

Yes.

I think © is in addition to (B), not a contradiction. Note that 412©(8) allows recognition of this amendment (withing 2-1/2 months after EOY) for the purpose of minimum funding standards in IRC 412. This does not trump and/or modify IRC 411(d)(6).

BB&T will do so.

Could it be a 457 plan, plus $4K catch-up contributions? Hey, nobody said it had to make sense.

Perhaps some of this reading material will be useful. http://www.dol.gov/ebsa/consumer_info_pension.html

IMHO, finding old Schedule SSA's will not provide any proof that someone was previously paid. Such proof would come from a copy of the cancelled check or wire transfer, or other paperwork that accompanied the distribution. You know the (approximate) distribution dates. Before undertaking an expensive and exhausting search of "proof of payment", perhaps the plan administrator can reply to the former employees by stating the known payment information.

Perhaps I misunderstand the Q, but the Schedule SSA is not open to public inspection, so a participant cannot request a copy (but you probably knew that). Can the plan administrator request a copy of prior forms? Probably so, but I would look in my own files (or the files of the TPA who assisted in preparation) first.

Have you heard of the Capital Depreciation Fund? If you send it to me, I guarantee a 50% return of your money.

"I know that you believe that you understood what you think I said, but I am not sure you realize that what you heard is not what I meant."

That's the end of that $20K.

To elaborate, the "may" is permissible as long as the discretion is in the hands of the participant, not the plan administrator. However, what is the point of such a plan provision?

You don't indicate how large is the company, or the Board. Not a direct response to your question, but I suggest being very careful about delegating any "amending authority" to an individual. Almost always better to use a committee. Likely, some of the attorneys who frequent these message boards will have other input.

... but a compensation test is usually very easy to perform.

Earlier discussions may provide some more information/background. http://benefitslink.com/boards/index.php?showtopic=25097

Will this answer from HarryO help?

Perhaps this was intended to mean terminating or merging? Difficult to do both.

This may be relevant to the questioner: Gray Book 2003-27 Other DB Issues: Level Income Option and Rollovers A plan offers a level income option. A participant elects the level income option and receives $500 from age 55 to age 62 and nothing after age 62. Is each payment from age 55 to age 62 eligible for rollover? RESPONSE Yes. Under 1.402©-2 Q3, the payments are made over a period less than 10 years and are thus eligible for rollover. If these annuity payments are not rolled over, 20% mandatory withholding applies.

Hold on. What does the plan say? Is the $200K deductible? Any provision that requires a contribution to be deductible in order for it to be deemed a "contribution"? Second, Belgarath, I would appreciate you e-mailing me the address of this plan sponsor so I can send him an invoice.

Not sure I understand all the facts. There may also be an inconsistency. When is the curtailment? 12/31/04 or 01/01/05? Better question might be, when is the curtailment being recognized? If at 12/31/04, then the 12/31/04 (Accrued)/Prepaid Pension Cost should already have the curtailment gain/loss, and all 2005 values are determined after the curtailment/freeze.

Not to be flippant, but that might depend on who you are (sponsor, auditor, actuary, etc.) Perhaps you can elaborate. A couple of prior discussions: http://benefitslink.com/boards/index.php?showtopic=24886 http://benefitslink.com/boards/index.php?showtopic=26985