david rigby

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.

I'm not sure exactly what is meant by the question, but I'll add: If you are referring to the possibility that an employee might have 125 dollars "left over" and can then take them in cash or defer into a 401(k), then those dollars are subject to FICA tax.

Well............ If there have been no distributions, then the sponsor has failed to complete the termination process, which may automatically void it. That probably leaves a frozen plan, but careful review of the documentation is called for. It is my understanding that a plan termination can be cancelled before distributions have commenced, but that doing so after some, but not all, distributions have been paid would be "suspect." I suggest avoiding the term "un-terminated." No doubt I have left something out.

http://www.benefitslink.com/taxregs/54.498...80B-final.shtml

There may be some confusing terminology here: "Contributions in DB plan". If this means that the deceased made contributions to the plan, typically by payroll deduction, then the next question is whether those were pre-tax or after-tax contributions. In the U.S., the only such pre-tax contributions possible are in a governmental plan. All other sponsors (whether non-profit or for-profit) could permit employee contributions only on an after-tax basis to a DB plan. (At least I hope that is right.) Such plans are generally rare. After-tax contributions are not eligible for rollover to an IRA, and would also not be subject to any (20% or otherwise) withholding. There would likely be some interest to be paid, which is taxable and (I think) rollable. Did I miss anything?

RJM is correct. However, the plan must still comply until the plan does proper amendment or reference to appeal.

Tagging onto Greg's comment, you might investigate whether any trade groups offer/sponsor some or all of the benefits you are interested in. If they do, then that is just one of your options. Don't assume that will be the best or the cheapest.

I think that is correct. But a word of caution: "Minimum funding under 412 trumps 404". This may not be a universal statement if the plan year differs from the sponsor's fiscal year.

I'm not sure whether it comes under "fiducuary duty", but the plan (or administrator or sponsor) must notify any participant who has a vested benefit, assuming this is an ERISA-covered qualified plan. In addition, the participant should be reported on the Schedule SSA (attachment to the 5500), unless already paid out by the due date of the 5500.

Since he is over NRA, has he thought about commencing benefit payments?

I cannot vouch for its accuracy, but this is a pretty good summary: http://www.cigna.com/professional/news/com...st/y2ksw_w.html (click on State Withholding Information Sheet for a nice summary.)

You might try this: http://www.sisterstates.com/