Golgi

I am looking for a reliable service to which i submit complex plan questions usually to attorneys who then provide a response for a fee. I know a number of groups offer this type of service..TAG data, ASC, ErisaPedia, etc. The most important aspects of what i am looking for are 1. accurate responses preferable by an attorney and 2. timely response. The fees must be reasonable but i am willing to pay more for a service that is both accurate and timely. By timely i would say 24-48 hour response time. Does anyone have experience with these types of services and which ones do you find particularly useful?

It is my understanding that the quarterly participant statement falls under both the IRS and DOL electronic disclosure requirements. Is there any way under either set of rules that a participant could NOT be allowed to request a paper copy in lieu of the electronic version?

A participant requests an in-service distribution from her 401k plan. The distribution is processed. The participant subsequently changes her mind. Can the participant do a in indirect rollover back to the originating qualified plan? (still within the 60 day time frame) If so, does the participant have to pay back the taxes to make the rollover whole?

New version of the form was released Friday. Did not see any mention of how long the IRS would continue to accept the prior version of the Form. Called the IRS and was told the old form would no longer be accepted now that the new version was released. Called back today to see if I get the same answer and was told they have not had any training on that subject. Our software vendor does not plan on issuing a service pack to update the form any time soon. Does anyone have any insight to offer regarding if/how long the IRS will accept the prior version of the form? We are wanting to send in extensions this week for all calendar year plans that have not signed their form 5500 yet but are hesitant to do so pending this form issue. Thanks

Company A sponsors a SIMPLE IRA. Company A has been purchased by Company B through a stock purchase. Company B sponsors a safe harbor 401k plan. Company A will continue to maintain the SIMPLE IRA for its employees through the end of this year and then give notice that the SIMPLE IRA will cease 12/31/2011. For the employees of Company A who have not satisfied the two year requirement to rollover their SIMPLE IRA to the 401k plan, can they just keep their money in the SIMPLE until two years is up? In other words, does the clock continue to tick on the 2 year requirement even when the SIMPLE IRA is not actively receiving any contributions? Additionally, the 2 year requirement does not apply to employees over age 59.5, correct?

Company A and Company B are controlled. Company A Sponsors Plan A and Company B sponsors Plan B. Both are 401k plans. Participant is leaving Company A and going to work for Company B. Can she request a distribution? Can she roll over her funds from Plan A to Plan B? Note the plans will be merging into one plan in September.

A prospective client has 2 owners and about 5 NHCEs. We are looking at a SHNE/cross tested design. 1 NHCE is full time and the other 4 are part time. The part timers are very young. It would help testing to have the part timers in the plan since they are young and low wage earners. The idea is to set up the plan with immediate entry to get these folks into the plan for testing. The nature of the job function will create a situation where the part timers will never work 1000 hours in any plan year to vest in the profit sharing monies. Can this be considered abusive in any way to use these employees to pass testing, give them a SH and profit sharing knowing that they will never vest in the profit sharing to realize this benefit? On a similar but more generic note, is it abusive to use short service employees to help pass testing if you are not excluding any other NHCEs from benefitting in the plan? I should note I am referring to cross tested plans on a prototype document Thanks in advance for any replies.

When you take on a new client with an existing plan and the prior plan document they provide is flawed in some way - be it missing an interim amendment, not timely restated, etc. what liabilities does the TPA incur if they put the client on their prototype document anyway knowing that the prior plan document may not have been fully compliant?

The plan is a safe harbor so there is no ADP test. 402g and ADP are not the only ways to result in catch-up. Exceeding the 415 limit is another which is what I was getting at. What I was wondering was can we allocate an additional $11,000 in profit sharing for the plan year to force the catch up for 2009 and 2010.

The limitation year is the plan year.

A new plan starts 4/1/2009 - 3/31/2010. HCE defers $20,500 during the period 4/1/2009 through 12/31/2009. HCE defers $15,000 between 1/1/2010 and 3/31/2010. Is it possible to allocate a profit sharing contribution of $24,500 such that the employees' total allocation would be $60,000 of which $5500 was catchup for 2009 and $5500 was catchup for 2010?

Participant completes an enrollment form electing ROTH deferrals. Client withholds the deferrals from the paycheck for about one year as pre tax deferrals. Deferrals went into ROTH account in the 401k plan. What is the fix?

Do either of the following allocation group structures violate the definitely determinable rule for a profit sharing allocation or any other provision for that matter? Group 1: physicians receiving 10% profit sharing allocation Group 2: physicians receiving 6% profit sharing allocation Group 3: physicians receiving 4% profit sharing allocation Group 4: all other employees OR Group 1: owners electing to receive the maximum allocation under section 415 Group 2: owners electing to receive $0 profit sharing allocation Group 3: owners electing to determine their contributions each year and allocate on a pro-rata basis Group 4: all other employees