david rigby

I've been back at this issue. I could not find any regs. My only reference is IRC 411(B)(H). Am I missing something? Oh, there it is: IRS Proposed Reg. 1.411(B)-2(B)(4)(iii). BTW, I agree with Keith's comment above. The adoption date is relevant. My original response hastily assumed that was not an issue.

Hmmm. Well, after further reading, I agree with PC, at least with respect to my comment about Q&A T-24: the last sentence is related to those plans that are subject to the minimum funding requirements. I apologize for engaging message response before engaging brain. Therefore, if we refer again to the Q&A mentioned above, it appears that the amount of receivables to be included are only those made after the valuation date but before the determination date. Here "determination date" refers to the definition in IRC 416(g)(4)©. See also Q&A T-22 and T-23.

Sorry to be stupid today, but what do you mean by "the 64OASDI disability rates"?

As is apparent, many variations are possible. I have also seen a scheduled COLA, tied to CPI, but with three limitations: minimum of x% per year, maximum of y% per year, and maximum of z% lifetime.

I agree with Lynn. But make sure that the $5,000 already deposited for the year is not included in the calculation of the required contribution for the current year.

I think that all usual accruals of contributions should be included. See regs in 1.416, Q&A T-24. Note especially the last sentence of the answer.

Again, Tom is correct. Notice in the link above, the statement, "the IRS presumes all terminations are involuntary unless the employer shows otherwise." The burden of proof is on the ER. I usually recommend to clients facing a partial termination that the plan be amended to award 100% vesting, assuming that the "event" can be well-defined. The purpose is to head off any "scrutiny" that may come from participant count information (i.e. 5500,5310, etc) that shows (or implies) significant number of nonvested terminations. Of course, that is a decision that very often is affected by the amount (both absolute and relative) of the $ involved.

You should be able to get to Rev. Rul 94-76 from here: http://www.taxlinks.com/rulings/findinglis...evrulmaster.htm

I agree with Tom. His last statement is important to note. More info on partial terminations: http://benefitslink.com/boards/index.php?showtopic=244

"...the SSB is based on Comp while employed by the Co., but they didn't apply it that way...." Interesting. You seem to be stating that the plan sponsor did not determine the benefit according to the terms of the plan. That is usually a problem. Also, you state that "...the formula doesn't seem to pass 401(a)(4)". Well, I agree that it may look that way, but you still have to test it to know for sure. Has it been tested? If so, has there been any auditor or other review? Especially make sure that the HCEs have been correctly identified.

I'm not sure of the details in this case, but we should not be surprised that a short service employee has a small benefit. IRC 401(l) defines the safe harbor rules for social security integration. If the plan is not safe harbor, its non-discrimination is tested under 401(a)(4). We don't see many offset plans for several reasons, such as: 1. Perception as a "takeaway". 2. More difficult to communicate and administer. 3. Under safe harbor rules, an offset is essentially an algebraic manipulation of an excess plan. Many plan sponsors and consultants take the position, "why bother."

Here is New Jersey: http://states.naic.org/nj/NJHOMEPG.HTML

Could this be of help? http://www.ins.state.ny.us/ http://www.state.ct.us/cid/ http://www.state.ma.us/doi/

Ditto. We put our recommendation in writing. If the client does not want to file for a determination letter, we get a written statement from them.

Lucky me, I do not fill out 5500s, just the Schedule B. The SSA is for any participant with a deferred vested benefit. The SSA instructions do not make an exception for DC plans. Note also that "lump sum" is one of the choices of form of payment. The instructions also tell you how to complete Line 4, Box h for DC plans. The time for including a separated participant on the SSA is no later than the 5500 filing for the plan year following the plan year of separation of employment. If the EE has been paid out by the filing date, then no need to report. You can go here for instructions: http://www.dol.gov/dol/pwba/public/pubs/fo...rms/fm99inx.htm

Some prior discussions might be useful. http://benefitslink.com/boards/index.php?showtopic=7011

hmmm. Try searching the Cafeteria message board for "loa" or "leave of absence".

Ditto. I left an account several years ago. I am now charged an annual fee of $5. Not bad since I get quarterly statements, daily valuation, and the ability to move the money among several funds.

For newly covered plans, no estimated premium payment is required. The final filing due date is the latest of the following dates: (i) the 15th day of the 10th full calendar month that begins on or after the first day of the premium payment year, (ii) the 15th day of the 10th full calendar month that begins on or after the day on which the plan becomes effective for benefit accruals for future service, (iii) 90 days after the date of the plan’s adoption, or (iv) 90 days after the date on which the plan became covered under ERISA section 4021.

I'll volunteer to be that actuary. Mr.X is correct about complexity, but perhaps I can help anyway. More info would help. Can you supply some background info and/or specifics to give me a point of reference for your question? email me if you prefer.

Perhaps this is overkill, but my approach has been to mark and/or stamp a Schedule B as "final". If the B did not get marked as such last year, I do one this year, so that there is a paper trail (you know how those IRS folks are) documenting everything.

First, please do not use all capital letters. It is the equivalent of shouting. The terms of the plan document will govern the eligibility for any benefit. It is very unlikely you can "purchase" more service.

There might be another issue here, depending on what the original question meant by "excess contributions." If this is referring to failure of 415 or 404, then it may be possible to "divide" a company contribution (made after plan year end) so that a portion applies to the prior year and the balance applies to the current year. Not trying to complicate, just to clarify the terminology.

Some plans include an automatic limitation on HCE's, ususally to limit the percent of deferral. Not sure how common this is, or whether it is difficult to administer/communicate? BTW, does this plan cover only union EEs?

...and I suggest that you start by carefully reviewing the plan's SPD. If that does not help, then request some detailed information about the plan's actual language on this point, and any administrative procedures that may have been adopted.