k man

this plan has 15-20 fund choices. maybe 6 fund families and the money is not sent directly to them. it is sent to as custodian.

so do you think it is an ERISA plan or not?

it is not open market. they can only choose from a menu of funds determined by the fiduciaries. and they are neither a church or a government. just a not for profit.

ok then humor me please for a second and tell me what factors if any would make a strictly employee deferral custodial plan subject to ERISA.

the plan is a 403(b) with employee deferrals only. however, it is invested in mutual funds in a custodial account. Everything is handled by the employer through a TPA. ie. distributions, deferrals etc. would this be subject to Title I of ERISA and have to file a form 5500 under the new rules? are there other factors i am not considering?

A plan has a partnership as an investment and received a capital call. by mistake one of the owners of the plan sponsor sent the money for to satisfy the capital call. now he needs to be reimbursed by the plan. how can he do this without running afoul of the PT rules?

the beneficiary wants monthly installments. the plan allows for monthly, quarterly or annual installments. generally speaking (because i know plan documents are different), can an employer make and administrative decision to limit the installments to annually?

you are way off my friend. i hope your tax knowledge is more reliable than your instinct.

it helps alot. it was discretionary and i am inclined to agree with your answer but is there a way to actually make the contribution. of course i think they want to make it.

its way best the deadline. i believe we are talking about the 2006 tax year.

employer took a deduction but failed to actually make the contribution. can they make it now or what is the procedure for dealing with this?

unfortunately its a big plan...alot of participants in many differerent locations. the reason i want to cancel all the elections is that if the participant comes forward and contends they had elections and the employer failed to follow them, the correction method is to have to make the contribution for the participants. this could cost a lot of it happens to alot of people.

the employer can't locate most of the actual salary deferral agreements from the current participants in the plan. to fix this problem, they want to revoke all the existing agreements and get new ones from all the participants. my thinking is this is the only solution. however, i am concerned that one might come forward later. is there authority that allows a plan adminsitrator the ability to cancel salary deferral agreements at any time and get new ones?

can you add an EACA to an existing CODA in the middle of the plan year?

after further review your opinion seems to make the most sense. basically the people that switch over would be eligible immediately as long as they satisfied the plans eligibility.

not sure but lets say it is wholly owned. however, since they are UK based and pay employees in UK pounds i still think the service wouldn't count.

a employee worked for a foreign subsidiary of the plan sponsor is now being transferred to the states. does his prior service count with the foreign subsidiary? my inclination is that it does not unless the plan sponsor wanted to credit this service.

true. so the account benefit attributable to the deceased husband must be dealt with in accordance with 401(a)(9) or rolled over?

with the spousal rollover rules aren't the accounts the same at this point?

what happens if a husband and wife are both participants in the plan and the husband dies. the surviving spouse is the husbands sole beneficiary. does the plan allow the accounts to be combined under one account or should they be kept separately as long as they have not been paid out?

why would they want an investigation? maybe thats your attempt at humor. if it is don't give up your day job.

they dont want to have it done at all since there is no company left due to the insolvency.

is anyone aware of whether this requirement can be waived in the event of the insolvency of the plan sponsor?

Our custodian holds assets for a plan in which we are TPA. We have decided to terminate the relationship. how do we transfer the assets of the plan if the plan sponsor will not take affirmative action and hire someone else?

As a result of a corporate acquisition (asset sale i believe), employees temporarily (two or three pay periods) will be working for the new entity (A) (the acquiring company) but the acquiring company will be sending the employee deferral contributions to the acquired company's plan (Plan B). They plan on eventually merging the plans. Is this ok in your view?