GMK

Here's one: http://www.dkattorneys.com/news-and-events...porate/?id=4374

I agree, especially: Is there any way we can make them fiduciaries? Happy holidays to everyone, and best wishes for a happy 2011.

Hooray for masteff, and thank you. It does not mention "in lieu of" at all. (Sorry about my giddiness, but I now have the answer to the first BenefitsLink question I posted .. a long time ago.) BYW, BG, Q & A-14 says that you have aggregate eligible rollover amounts during the year, but it does not mention distributions that are not rollover eligible, which puts me in agreement with masteff's reply.

Thanks for pointing that out. It's true, and it helps overcome the frowning. BTW, shouldn't there be some kind of Tea Party protest about this borrow and spend package? or is "fiscal responsibility" just a campaign phrase, soon forgotten, especially by the speaker.

If I may add a tag-along question, is there an official cite/statement about the $200 threshhold that doesn't tie it to "in lieu of partial shares"?

Totally agree. An important reason for the 30 day notice is to give employees sufficient time to decide how much to defer. Many base that decision on the match and/or the safe harbor status of the plan. I, too, recommend that the employer actively tell participants what is happening and what it means, if only for the goodwill value. And try to accommodate the employees. For example, maybe allow employees to change their deferral rates before the end of the year (payroll will love that).

Do you know if they considered: 1.401(k)-5 Special rules for mergers, acquisitions and similar events. [Flamboyant] ??

This chart for DC plans: http://www.ftwilliam.com/articles/Technica...e2008_09_18.pdf says due by the last day of the first plan year beginning on or after January 1, 2010, except for government plans (page 6). No mention here of tax return deadlines for HEART, ... unless someone has newer information.

Mr. Presson cleverly points out the same name irony of a Ms and a Man. Might be clearer if you think of it as Ms. Smith and Smith_Man.

you mean like these? http://www.irs.gov/newsroom/article/0,,id=232017,00.html

HEART?

Could there be any non-discrim issues?

Here are some articles that may help: http://www.ncsl.org/documents/health/GrandfatheredPlans.pdf http://www.ifebp.org/Resources/News/Regula...father+Rule.htm

An approach you might use is, once you've determined that the DRO is qualified, send the interested parties a letter that lists the segregation date (which is usually prior to the actual payout date) and a description of what the plan has done / will do. The Plan has segregated $nn,nnn.nn from the participant's account, subject to separate accounting, for the benefit of the alternate payee. This sum equals 50% of the participant's account balance, including interest/loss, as of the segregation date. Blah blah about the alternate payee's options for receiving the distribution and the timing of the payment to the alternate payee. As QDROphile already posted ..

What do you mean 'songs?' I got about 1/3 of the way through doing movie titles. Now, I've gotta start all over again. That Tom Poje keeps switching things up, puzzles, costumes, ... Probably not correct, but I thought #102 was "Oh, I Yust Go Nuts at Christmas" by Yogi Yorgeson. (Is that even on the list?)

Down near the end of this it says: Individuals who obtained a PTIN prior to Sept. 28, 2010, need to reapply under the new system but generally will be reassigned the same number. Don't know about getting your $34.25 back though. From IRS NEWSWIRE Issue Number: IR-2010-121 Inside This Issue -------------------------------------------------------------------------------- IRS Releases Proposed Regulations that Would Reduce Enrolled Agent Fees WASHINGTON — The Internal Revenue Service today released proposed regulations that would reduce fees related to application and renewal for enrolled agents and enrolled retirement plan agents. The reduction is related to the preparer tax identification number requirements implemented last month which establish a new registration process and fee for all return preparers. The proposed regulations (REG-124018-10) would reduce the fee for application and renewal for enrolled agents and enrolled retirement plan agents from $125 to $30. The reduction reflects the fact that the processes used to review enrollment and renewal of enrollment applications are partially duplicative of the new process for reviewing a PTIN application, which costs $64.25. Individuals granted status as an enrolled agent or enrolled retirement plan agent must renew enrollment every three years. The renewal schedule is based on the last digit of the individual’s social security number or tax identification number. Tax professionals and other interested parties have until Jan. 10 to submit comments regarding the proposed regulations. Delay of Renewal Period for Certain Enrolled Agents In anticipation of these proposed regulations, the IRS recently announced in Announcement 2010-81 a delay of the renewal period for enrolled agents whose tax identification numbers end in 4, 5, or 6. The IRS is not accepting or processing applications for renewal of enrollment until further guidance is issued. Individuals who have successfully completed the special enrollment examination may submit an application for enrollment, but the current user fee of $125 must be paid with the application until final regulations reducing the user fee are published in the Federal Register. These individuals also may choose to delay filing an application for enrollment until the user fee is reduced. Individuals who delay filing an application for enrollment may not practice before the IRS until the application is submitted and the Office of Professional Responsibility has granted enrollment. Reminder of New Registration Requirement for All Return Preparers The IRS recently launched a new online application system to obtain a PTIN. All paid tax return preparers who prepare all or substantially all of a tax return are required to use the new registration system to obtain a PTIN. Individuals who obtained a PTIN prior to Sept. 28, 2010, need to reapply under the new system but generally will be reassigned the same number. Applicants must pay $64.25 to obtain or renew a PTIN. Access to the online system is available through the Tax Professionals page on this website. Receipt of a PTIN will be immediate after successful online registration. Or a paper application may be submitted on Form W-12, IRS Paid Preparer Tax Identification Number Application, with a response time of four to six weeks. For more, see the Tax Professionals page on this website, which features step-by-step instructions and multiple FAQs on the new registration system.

Traditional IRA - contributions for the year you attain 70.5 and later are excess contributions (and must be removed or you pay a penalty). Roth IRA - no age limit on contributions For example, see: http://www.investopedia.com/articles/retir...t/05/021505.asp

That doesn't quite cover all of the points in Andy t A's excellent analysis.

Ah, the sweet sentiments of the season. Sounds like you haven't figured out #102 either. (I haven't even started yet, but thanks for reminding me.)

You're right, Sieve. Sorry I blew up. As long as the PA does something (consistent with the plan document) to handle these decisions and doesn't just sit on the benefit claims. The PA still retains ultimate responsibility for the decisions and is responsible for assessing that the assigned person is competent to make the decisions. Seems like that olde fiduciary thing just can't be avoided.

Amending the plan to eliminate hardship withdrawals will take care of it once the amendment is in place, ... but in the meantime, the plan administrator is required to operate the plan in accordance with the plan document. Otherwise, there will be big trubles and expensive repairs. The PA can deny benefit claims, but in that case the PA must notify the participant of the why's and wherefore's in accordance with the claims procedures and time limitations specified in the plan document. This plan administrator needs a refresher on fiduciary responsibilities (and maybe a backbone implant). "I don't wanna" is not an available option.

December 1, 2010, gets my vote. Plan or policy year beginning on or after ...

As Bird points out, distributions of contributions you made before 1987 are treated differently than distributions of amounts contributed from 1987 on. If you are taking a distribution of after-tax amounts you contributed before 1987, you can take the basis and leave the earnings, which means the distribution is not taxed.

Good for you, ironworm. Great attitude. Great plan. You're doing what many of us wish we had done at your age. Many factors come into play in investing. You don't have to be an expert in everything, but at least learn the basics. I agree with Lori H that Morningstar is a great tool. In addition, most of the big mutual fund firms, like Vanguard, have a lot of useful educational information on their web sites. And the library has free books. One thing to consider is the expense ratio of any mutual fund or other investment. This is basically the "price" you pay to be in the fund or investment. A lower expense ratio means that you keep more of your money in the fund to earn more money for you. This is a good thing. And learn about diversification, as in don't put all your eggs in one basket. Good luck.

Thanks, Sieve. I typed faster than I was thinking. Does the part about MRD's being not due until termination (for a non-owner) have to be in the plan document, or does it apply no matter what? I agree that the earlier (pre-MRD) distributions aren't subtracted from the MRDs when the MRD's actually start, but they may reduce the balance on which the MRD's are determined, which is a nice thing. (picky point, I know.)