david rigby

There are probably many horror stories, including some shared on these Message Boards, about investing QP money in real estate.

Before you go the direction of "...file 5500s going back to the last one which they thought was the final one", take a step back. - Are we talking about significant dollars? - Were all plan expenses paid? - Did these "found" assets exist at the time of the original plan termination, or might this be a "dividend" on a plan-owned investment?

Data as of 29-MAY-15 (Friday) Moody's Daily Long-term Corporate Bond Yield Averages Utilities Industrial Corporate Aaa NA 3.94 3.94 Aa 4.01 4.03 4.02 A 4.11 4.25 4.18 Baa 4.84 4.84 4.84 Avg 4.32 4.27 4.30 Moody's Daily Treasury Yield Averages Short-Term (3-5 yrs) 1.17 Medium-Term (5-10 yrs) 1.76 Long-Term (10+ yrs) 2.62

That's what the instructions say, right?

Replies are posted here: http://benefitslink.com/boards/index.php/topic/57362-doc-investing-in-real-estate;-appraisal5500-question/

Replies are posted here http://benefitslink.com/boards/index.php/topic/57362-doc-investing-in-real-estate;-appraisal5500-question/

If only it were free.

Don't overthink it. What is the purpose of the SSA? to let the SSA remind a former participant of a (possibly forgotten) prior benefit. If such benefit still exists, let it ride.

It's possible Mike means the files won't be needed, rather than won't be readable. IMHO, it is very likely pdf documents will be readable for decades to come.

Take note that a "contract" does not change the terms of the plan document.

No quibble with Andy's advice. However, both comments above should include a caveat that this question might rise to the level of "appeal" (as that term is defined in the plan document). If so, you have certain procedures to follow, and timeframes to observe.

Have you considered providing "proof" of the few years available, and then saying, "that's all folks"?

Uh-oh.

Possibly faulty memory: the IRS has stated that the cash-out limit can be changed, up or down, anytime as long as you keep it under $5K. It would be prudent to verify in the regulation.

If "we" is a TPA/recordkeeper, I'm not sure that you get to decide who to charge. Doesn't the plan and/or Plan Administrator make that decision?

By (1), I mean there is no requirement that the receiving IRA be an inherited IRA (assuming I understand the question correctly).

I'll take a stab at this: 1. No. 2. No, unless the beneficiary is already a participant in the 401k plan (eg, an employee).

Hybrid plan reg (Internal Revenue Bulletin 2014-41, 10/06/14). http://www.irs.gov/irb/2014-41_IRB/ar07.html Scroll down to Reg. 1.411(a)(13)-1(b)(2)(ii) to see a list of permitted reductions. There is no "fee" or "expense" included in this list.

Might the "rollovers as business start-up" discussion be useful? http://www.irs.gov/Retirement-Plans/Employee-Plans-Compliance-Unit-(EPCU)-Completed-Projects-Project-with-Summary-Reports-–-Rollovers-as-Business-Start-Ups-(ROBS)

http://www.irs.gov/pub/irs-drop/rr-02-45.pdf

Reg. 1.401(a)(4)-5(b)(3). I did not see any such exemption listed. However, see the language in (b)(1), which refers to "...discriminating significantly in favor of HCEs...". For that matter, see the language at the beginning of the (a)(4) reg and IRC 401(a)(4) itself. All of (a)(4) is concerned with HCEs vs NHCEs. If a plan covers only one of those categories, does that mean there is no discrimination? Perhaps this topic is addressed in writing somewhere else (it's not in the Gray Book), but this seems like a regulation that does not apply to the plan described in the original post. I stand ready to read/consider other information.

Methinks you should expect the attorney to suggest the situation is bigger than an hour's time

Isn't this a matter for how state tax law is structured? (ie, not related to federal tax law)

Shocking. Please keep us informed as you find out more information about this.

Yeah, not sure what's the problem. However, scroll to the bottom of the page and click "More Reply Options".