Felicia

Do contributions to a pension plan have to be in cash? Can they be in securities? For example, if the employer is a sole proprietor can he contribute securites held in his stock portofolio without first having to redeem them for cash?

Contributions to a defined contribution plan generally must be made by the time for filing the employer's tax return, plus extensions. What is the contribution deadline for an entity that is not required to file tax returns? Cites would be helpful.

Thanks. You've been a great help.

A money purchase plan has QJ&S and QPSA requirements. If the participant dies, can the surviving spouse make an election to receive payments in another form? Everything I've read so far relates to an election by the participant with spousal consent. Would like to give the survivng spouse the option of taking a lump sum option. If possible, please provide cites. Thanks.

Notice 2004-84 contains the List of Changes in Plan Requirements. Under item #12 it states that guidance regarding post-severance compensation issues is expected to be issued soon. Has anyone seen this guidance? If so, please advise where they are. Thanks so much.

Is money from either an employer's disability plan or from SS considered compensation in order to make an IRA contribution?

Does the IRS have to be notified whether an individual took RMDs during the year or just that RMDs were required to be made during the year?

Section 72(t) permits a modification to SEPPs prior to the later of 59-1/2 or 5 years for reason of death or disability. If a participant takes a distribution on account of disability, do SEPPs continue? If they continue, do they continue at the same amount as before the disability distribution (assuming that the SEPP was based on the amoritization or annuitization method)? Or, should SEPPS be discontinued? Or?

There are a number of places where the 403(b) rules say to follow those for 401(k)s. Therefore, I have scanned the final 401(k) regs to see if any of the provisions may apply to 403(b)s. The only instance I can find is the expanded definition of hardships to include funeral expenses and expenses to repair damaged homes. Did you see anything else?

Partnership set up SIMPLE IRA a few years ago. An employee became a partner in June of 2004. Are salary deferral contributons made for 2004 before he was a partner OK? Also, can he contribute to the SIMPLE IRA after he became a partner? If so, would the contributions after June be based on his "earned income " while a partner? And, should all contributions be aggregated to ensure the limits were not exceeded?

A pension plan rolled over too much money to an IRA and now wants the money back. I believe the money has to be returned immediately since it was an ineligible rollover. I also believe that if it remains in the plan it is an excess contribution and must be removed. Would appreciate learning your thoughts on this.

If individual has IRA that says the required beginning date is the April 1st following attainment of age 70-1/2, has non-spouse bene, attains 70-1/2 in 2004 and dies in Sept 2004, must an RMD be taken for the year 2004? It appears to me that the IRA would be governed by the rules for an individual's dying before his required beginning date. Am not sure about current year though. Cites would be helpful.

The model IRS agreements indicate that a Responsible Individual (RI) can be replaced if the original RI dies or is incapacitated. Can an RI renounce his appointment? If so, who appoints a successor RI? Can the RI be other than a parent or legal guardian?

Can a Coverdell Education Savings Account be funded by a Certificate of Deposit?

Please advise what a defined benefit 457(b) plan is and where I can find additional information on it. Thanks.

Are any SIMPLEs, SEPs or SARSEPs paying custodial fees? If so, how are they handled?

Appleby: do you charge the account? send a bill to the participant? send a bill to the participant with the option to take from the account if participant does not pay the fee?

If you are charging annual maintenance fees on SEPs, SARSEPs and/or SIMPLE IRAs, who is being charged: the participant's account? the participant? the employer? any combination of the above? And, what fee is being charged?

Does anyone charge annual fees for non-ERISA 403(b) plans? If so, who is charged: the employee's account? the employee directly? the employer? any combination?

An IRA holder dies without naming a beneficiary. The documents say that his estate is the beneficiary by default. If the estate is divided among three children (no survivng spouse), can each of the children--beneficiaries of the estate--set up "inherited IRAs", that is, an IRA in the name of the deceased for the benefit of child x?

A hardship withdrawal would not be subject to the mandatory withholding requirements whereas a distribution upon termination of service would be.

If a 403(b) plan which is not subject to ERISA has a hardship provision, can a person who terminates service take a hardship distribution?

Can governmental 403(b)s accept contributions which are designated as severance pay? If so, would they be considered employee or employer contributions? If employee contributions, would they be subject to the 402(g) limits? If possible, please include cites in response. Thanks.

What is meant by an Independent School District or ISD? I've seen 403(b)s listed as xxx school district and another as xxx ISD. Although the xxxs refer to the same city, town, etc. there are different addresses for the SD and ISD.

If a participant takes a distribution for an unforseen emergency, is there any law that says he is obligated to suspend contributions for a certain period? If so, please advise where it can be found. Also, please advise how long the suspension period should be. Thanks.