Theresa Lynn

I thought the measurement date for determining the percentage of qualifying assets was the last day of the previous plan year. If that is the case, seems like you would need to arrange for bonding very early in the "problem" plan year, immediately after the valuation is completed.

I am confused--you want to exclude the person for testing even though he entered the plan because he had 3 months of service? Does the plan "count" hours, use an allowed equivalency, or use elapsed time? Does the plan state that eligibility is limited to someone who has been credited with a year of service (or expected to have a year of service and let them in at 3 months)?

The audit is the same as if the plan suddenly were subject to the large plan audit rules. The audit must be of the current and past financial statements; thus, they should be in accordance with the plan's records. If the plan records are on accrual basis, the report and audit would be based on accrual records... The Form 5500 instructions (Schedule H) permit records on either basis. The records and audit should be based on the plan year(s).

Here are three additional great resources: 1. RIA's Employee Benefits Compliance Coordinator (information at http://www.RIAHome.com). Sells for about $800 and has more than just 5500s (also 1099s, 2848s, 5310s, etc.), but its 5500 discussions are extensive, with general and line-by-line discussions and include sample filled in forms. It also is available on RIA's Checkpoint online product, starting with its library subscription called Pension & Benefits Essentials, for $1,415. 2. PPC's 5500 Deskbook 3. PPC's 5500 Quick Reference Binder PPC's website is http://www.ppcnet.com Both PPC products focus on how to complete the returns as if training and testing a preparer. Both are great and have sample filled in forms as well. PPC's Deskbook also is on RIA's Checkpoint. Hope this helps!

I assume that this is to be payable if the unmarried participant dies before beginning to receive distributions, right? If so, I think that any of the following would certainly be fair-- identical to the QPSA for marrieds, lump sum value of above, or life/10 yr certain of equivalent actuarial value... If you mean adding an option where the unmarried may receive anything other than a life annuity, then, why not options identical to those payable to marrieds, 50/75/100 joint and survivor, 10 year life/certain, or whatever. I am pleased to see companies thinking about all of the unmarrieds who totally lose out if they die before retirement, often leaving dependent children, parents, etc., in a lurch (and essentially making all of their hard work and accruals disappear).

What type(s) of plan are we talking about? pension, 401(k), health, dental, voluntary benefits, ...

Although you did not mention this, remember that, if you were married for at least 10 years and you have not remarried, you can be treated as a surviving spouse for purposes of getting social security benefits based on his record, assuming that he was in a social security-covered position and this provides you with a higher benefit than using your own record. See http://www.socialsecurity.gov/cgi-bin/cqcg...TS_DOC_TEXT=YES

Unfortunately, the spousal rollover rules apply only to IRAs and not to qualified plan distributions.

Here is the Joint Committee summary. http://www.house.gov/jct/x-54-03.pdf I have not looked at the actual bill language yet (which always includes a few surprises not discussed in the official summaries), but my understandig is that any pension and benefit changes are only indirect--for example, I am assuming that the reduction in tax rates for dividends and capital gains will help employees under stock purchase plans, persons receiving a distribution eligible for the 1974 capital gains treatment rules, etc. Also look at the attachment

I still would be hesitant to pass along the charge card fee, as it is a convenience fee to the employer to assure it gets paid even if the bank/issuer of the card is not yet paid in full. Seems like one also could compare this with a penalty or late fee charged by an insurance company for making a late premium payment. If the employer collects the employees' portions of the fees but fails to make its total premium payment on time (assume an oddity in the withdrawal and payment dates that results in a gap but the amounts still are passed along as soon as possible within the ERISA fiduciary rules), it bears the brunt for that additional fee. Any thoughts, or amy I stretching this too far?

Unfortunately, the regs still do not provide a sample for use by a small pension plan that is avoiding the plan audit requirement and thus must provide additional disclosures. Any word on when DOL plans to issue updated models?

Bfree, Just curious, can you get around submitting every prototype document by submitting a 5300 determination request on the most recent version of the plan, in conjunction with also submitting (as a separate submission) a Form 5310 submission? I was just thinking about the possibility where a sponsor may no longer be able to find every possible version of the plan since day one. I did not know if this was a question raised when you were required to submit all former documents.

Thank you for your advice and comments. I still am gathering the names of additional sources. If anyone has any additional suggestions for providing an executive compensation report--regardless of whether via a survey or via SEC data--that provides cross-regional, cross-industry data, that would be very helpful! We are looking to pay for republication rights for a report that provides 2002 or 2003 data and have an ongoing relationship for annual updates and/or reports. Again, many thanks! Theresa

Sure. Just because the forms went to print before the name change does not change the fact that the agency has changed its name. (The same is true for several recent IRS forms that reference the INS, which no longer exists in that form.) EBSA recently released regs updating its name in the addresses. I would use the current name--EBSA.

Seems like there would be inherent bar ethics problems with such a scenario, if it includes an attorney/lawyer. The referral networks and associations seem to be booming, however, for all other professions.

I am looking for an executive compensation survey setting out 2002 data. I would like a survey that compiles data across industries and sets out the data for several categories of executives, includes geographic or regional information if possible, and includes information on salary and non-salary compensation. I am not looking for an industry-specific survey. Any thoughts on where I might find a survey report that includes the desired data at an economically feasible cost? Thank you.

Has the plan at any time held $100,000-plus in retirement assets? Did the person file Forms 5500 or 5500-EZ? When? Is the correspondence from IRS--seems like it would have to be since not an ERISA plan so EBSA would not care... In what state does the employer operate--even though it is federal law, it generally is wise for the lawyer to be licensed for the appropriate state.

RS Vatalaro, For purposes of clarification.... you said that all contributions were deferrals. So were there no matching contributions nor profit-sharing contributions for the year?

Thank you! I was beginning to believe that I was thinking "nutty." Thank you for confirming that my alternative interpretation was possible (even if unusual). Thanks again!

I still am confused.... How do you reconcile the following: A pension plan is exempt from filing Schedule R if each of the following 4 conditions are met: 1) Not subject to minimum funding requirements. 2) No in-kind distributions reported on line 1 3) No benefits reportable on 1099-R using an EIN OTHER THAN plan sponsor or plan administrator. 4) If not a psp, stock bonus plan, or ESOP, no plan benefits distributed in a lump sum.... So, if a profit sharing plan providing cash distributions reported on a Form 1099-R with the sponsor's or administrator's EIN, why would you be required to file Schedule R? (See page 12 and Who Must File on page 51 of instructions) Thank you for your patience with this....

I had interpreted the Schedule R directions to exempt a profit-sharing or stock bonus plan from completing Schedule R if all distributions were in cash, annuity contracts, plan offset amounts, and/or marketable securities. (Who must file) Could someone explain to me what I am missing (i.e., why this appears to be wrong based on this thread's entries)? Thank you.

What is your experience over the past three years with the Schedule R? Are you finding that few defined contribution plans (other than money purchase pension plans and stock bonus plans distributing employer securities) are required to file Schedule R? Thank you.

John J. Canary Chief, Division of Coverage, Reporting & Disclosure Office of Regulations and Interpretations U.S. Department of Labor Employee Benefit Security Administration Washington, DC 20210

Also have the USPS imprint its own postmark on the package. If you use a postage meter, use white postage tape so that the USPS also imprints its own postmark. An internal postage meter imprint is not the same as a postmark.

I believe that the limited reporting requirements are intended to apply to employer-maintained IRA plans (the old-fashioned employer IRA), other than SIMPLES and SEPs. If the plan is considered an employer plan, it would be subject to ERISA and thus to the Form 5500 filing requirements.