david rigby

Is this participant still an active employee? What does the plan say about when distributions can occur? must occur?

Don't blame the messenger. If "pro" is the opposite of "con", what is the opposite of progress?

Absent other provisions that might define an alternative formula, that would be my interpretation of your description. However, close inspection of all terms of the plan document is always appropriate.

You may have to look around a bit, but this should have what you need. http://www.benefitsattorney.com/

This has been a disappointing discussion thread, not because the topic is unworthy, but because it has degenerated to name calling. Please, let’s return to civility. If the participants want to argue/discuss the particular pros and cons of 412(i) plans, I suggest, and request, doing so with numbers, facts, and logical reasoning. It is also OK if we agree to disagree. Thank you.

This is not a good forum for getting legal advice. You should seek personal counsel. Your attorney should know something about IRA's and qualified pension/profitsharing plans, especially with respect to how, if at all, they are available to creditors (usually not). If bankruptcy or an IRS judgment is involved, variations may occur.

What is your meaning of "DB providers"? The employer (generally) is the plan sponsor, and will be entitled to make most decisions, not the "provider." There are many actuaries and consultants out there willing to serve you. (I am one of the former.) You may also get a referral thru your corporate attorney or auditor. If you talk to a consultant who tells you what to do, instead of asking what you are trying to accomplish, keep looking. As usual, a good place to look for information is… this website! http://www.benefitslink.com/yellowpages/index.shtml

Not quite. IRC 411(d)(6) protection applies to plan amendments. It is possible for a benefit to decline due to decreasing compensation, but if you have to amend the plan for that to happen, then the accrued benefit at the date of the amendment will serve as a minimum.

Instructions to Schedules H and I (only) include "Round off all amounts ... to the nearest dollar." Anyone with experience to determine if this is literal? Can amounts be rounded to nearest $100 or $1000? Can I round on other schedules? (especially Schedule B)?

Perhaps the Department of Labor for your state of residence?

Some earlier discussion: http://benefitslink.com/boards/index.php?showtopic=23311

I'm not aware of any requirement that a salary assumption must always be in the form of X% per year. Although usually trouble than it is worth, there is no theoretical reason that the salary assumption could not be "select and ultimate." Still have the requirement of IRC 412©(3).

Try the "More Options" tab. Then make sure you look at all the paramters carefully, choose key words carefully, use phrases in quotation marks, and narrow down the forum(s).

HR3108. No action in conference committee, although some discussion has been held. Note that the proposal would change the definition of the iterest rate, but does not change the "85% of prior month" characteristic.

Really? Has it been verified that the other time of employment does not already constitute the "waiting period"? I suppose the union would not want that disincentive to join the bargaining class of employees; is it covered in the CBA?

Could be problematic. - Perhaps wing it? - Calculate the amount at 1/1/04 but begin amortization at 1/1/05? (Probably not kosher.) - Cross your fingers that no one would do a window without already being in full funding? (No such luck.) - Calculate the liability change and the asset change (separately) at 1/1/04, add them to values at 1/1/05, then determine the UAL?

Somewhat surprising. I have worked with 3-4 attorneys I would recommend.

... but it is common to combine them.

Does those future salaries match your assumption for future salary? If your question is about comp that exceeds the 401(a)(17) limit, then whether you include it is a part of your method.

To the best of my knowledge, it is not common. However, it probably happens indirectly in some cases. Some prior discussions that might be relevant: http://benefitslink.com/boards/index.php?showtopic=20880 http://benefitslink.com/boards/index.php?showtopic=13390 http://benefitslink.com/boards/index.php?showtopic=20684 http://benefitslink.com/boards/index.php?showtopic=21732 DOL Field Assistance Bulletin, specifically relating to DC plans. http://www.dol.gov/ebsa/regs/fab_2003-3.html

The other link in the "deemed cashout" issue is that the plan has provisions to require distribution where possible (that is, under $5000) and actually does so in practice. I think this would include partially vested or fully vested terminations.

No such experience, but seems reasonable to assume that PBGC negotiators will not be "easy".

Or discuss with one of the companies that does such administration, to determine costs as well as administrative duties. Some of them are listed here: http://www.benefitslink.com/yellowpages/cafeteri.shtml

I think your plan has to specify "deemed cashouts". (BTW, if so, it should also include "deemed repayments" language if the person is rehired.) Back to the original question. Looks like two separate events. If you have a partial termiantion, then that should trigger 100% vesting for affected participants. A plan termination in the next year would trigger 100% vesting of affected participants at that time. I think you should treat "to the extent funded" as meaning "as if the plan were then terminated". Others may have different opinions.

MGB is correct. It might be technically possible but virtually inconceivable for a Distress Termination or an involuntary termination to occur without bankruptcy. This does not mean "liquidation in bankruptcy" but will almost certainly involve a formal declaration. Legal counsel is essential.