david rigby

No. As Belgarath states, a plan accepts contributions from its sponsor, which is (probably) deductible by the sponsor. Transfers to a qualified plan can only come from another qualified plan. If the (now former) owner wants to use any portion of his assets to benefit his former employees, he can do so thru his will but not thru the plan.

If the plan uses comp after rehire, then the "frozen traditional benefit" won't be frozen, will it? Of have I misunderstood your question?

Data as of 31-OCT-13 Moody's Daily Long-term Corporate Bond Yield Averages Utilities Industrial Corporate Aaa NA 4.48 4.48 Aa 4.43 4.66 4.55 A 4.63 4.70 4.67 Baa 5.08 5.36 5.22 Avg 4.71 4.80 4.76 Moody's Daily Treasury Yield Averages Short-Term (3-5 yrs) 0.82 Medium-Term (5-10 yrs) 1.92 Long-Term (10+ yrs) 3.28

If the company was acquired, how does the "owner" still have any stock?

Maybe. I believe the "market bottom" was in March 2009. It's possible a 2008 amount went down before it went up. However.... the relevant date is the date on which the 2008 match for all participants was actually deposited.

Who says the 5500 for 2012 was not made? If you do it now, it's just late. BTW, is a 2012 filing required? If it's a 5500-EZ, there might be an exemption.

If the "old" plan had a matching feature, that does not disappear. Nor does ADP testing. Nor does TH testing.

Good idea, but might not be kosher. Statute (ie, ERISA) defines the due date. IRS has authority (in some cases) to offer an extension up to 75 days.

http://benefitslink.com/boards/index.php?/topic/43688-sham-divorce

Likely you cannot "refuse the order". (BTW, does the plan have written QDRO procedures?) Search this message board for the 2 or 3 discussions on the court case involving Continental Airlines.

I deserve no adoration. However, perhaps you (and hundreds of others) could send me $1.

Just in case you have difficulty locating that item, here it is. (Sorry, i don't have any information about whether any later IRS document modifies this.) IRS Rev Proc 90-49.pdf

20% is required for rollable distributions, but, as stated in the quote, the EE may submit a W-4P to elect "additional amount withheld".

Probably just a typo above, the correct form is W-4P. http://www.irs.gov/pub/irs-pdf/fw4p.pdf Extracted from page 4 of the instructions: "The 20% withholding rate is required, and you cannot choose not to have income tax withheld from eligible rollover distributions. Do not give Form W-4P to your payer unless you want an additional amount withheld."

It's enough extra that we invoice for it. And if you have accrued contributions, it's possible (likely?) that your final AFTAP differs from your estimated AFTAP ratio.

Excellent advice above. One other thing to worry about: assuming you construct a non-discriminatory ERW, if any of the accepting EEs have a QDRO, it is very likely that the Alternate Payee must also get a portion of the ER subsidy. Check carefully.

Data as of 30-SEP-13 (Monday) Moody's Daily Long-term Corporate Bond Yield Averages Utilities Industrial Corporate Aaa NA 4.56 4.56 Aa 4.49 4.72 4.61 A 4.74 4.79 4.77 Baa 5.24 5.53 5.39 Avg 4.82 4.90 4.86 Moody's Daily Treasury Yield Averages Short-Term (3-5 yrs) 0.91 Medium-Term (5-10 yrs) 2.01 Long-Term (10+ yrs) 3.35

Don't overlook the possibility of a partial termination before the plan termination and/or due to the sale.

Ditto.

No. Nice try. The insurer will probably do that calculation, as well as it's own calculation of other optional forms and alternative payment dates, and take the largest of those to help determine an appropriate premium. For example, note that the 417e rates at the time of purchase date are not the rates that would be used the next year to determine the lump sum.

Usually, this is a matter that will concern the PBGC. See requirements for notifying PBGC of a Reportable Event. However, the phrase "county facility" raises the question: governmental plan? If so, that changes many things.

Nice thought, but it would require a change in the statute. See ERISA sec. 103-104.

Agree with QDROphile. Where do you find this in Code or regs?

Depends on your relationship? When dealing with an audit, it seems advisable to get all advice from the plan's attorney, and maybe your attorney. Just a thought.

Huh? Is the plan fully funded? If so, it seems unlikely that assets will be exhausted at age 83. Are you anticiapting a zero investment return?