JanetM

I would do CYA letter to participant telling them deferrals will or will not restart. Then it is up to them to do something.

It varies by state. Here is web site with listing of common SOLs. Not sure about fid v non fid claims. http://www.nolo.com/article.cfm/ObjectID/8...04/308/273/ART/

We reinstate the deferral percentage that was in place before suspension. That is what they elected so once the suspension is over deferrals restart. Participants are notified of suspension and reinstatement when they take the hardship.

Thanks for all your hard work Dave.

Grow up Thorfabio. Don't attack those trying to give you advice you asked for.

Thank you Tom. I like the avatars.

The GAO did a report on the two systems. http://www.gao.gov/new.items/d07906r.pdf

Sure, any type of contribution can have its own eligibility and vesting. Save those safe harbor contributions that impose them. Be careful that you don't make it so complex that it could be problems down the line.

so in the context of the board - do you track down the ED drug posters and break their fingers?

I can't think of any. I do suggest you set up formal process for black out periods of stock trades for insiders anytime you are preparing financials and just before you announce results. Expand the definition of insider to be anyone who has a clue about non public information.

No problem for sub to offer parent stock in plan. Question is - is a single stock a prudent investment if your nest egg is very small? Am assuming are okay with the other issues of parent sub - control group, SLOB, QSLB, coverage.

Get MARRIED! Excuse me while I climb up on on my soapbox. You have been together over 20 years. Seems like if you call this person your wife you should make it legal. Why do you expect the company to recognize different sex domestic partners? They recogize same sex couple because they CAN'T get married. You can. Expect you company to revoke the girlfiends coverage - since she isn't your wife. Just hope the new company doesn't ask you repay benefits they provided. Climbing off my soapbox now.

But until we have a de minimus threshhold we must keep filing the forms. Our accounting department had hissy fit when we sent check request for $4 last year. We had to get our tax department involved. AP didn't want to issue a check for $4. I was ready to take $4 from petty cash and get a money order when I finally got the check from AP.

Fredman, cool title. What does it mean?

Check the plan doc to see what compensation is eligible for deferral.

Wedge1, not sure I can even begin to understand your logic. The fed tax withheld doesn't look right. Is too high to be counting Roth pretax and too low for single zero status. You need to go visit your payroll folks and see what is happening.

Our parent company is in the UK - have been hearing about these since 2006 relating to UK execs who move about the globe. UK resident who has pension from UK plan can transfer (rollover) the benefit if they retire or work in another country. Seems some plans in Europe will allow you to transfer in even if you are not an employee or resident.

Since our four plans are large we don't face a distribution issue on 5500. We do net redeposits to distributions. We leave original tax reporting as is and when we do find the participant the distribution is made after tax.

An ERISA attorney is what you need to deal with the 401K plan. Your best bet is to contact the state bar association and get the name of an ERISA attorney and then get started. If you requested an SPD by certified mail and never got anything the company could face a penalty. (it would depend on how you asked and what you told them) If existing employees can't find out who they listed as beneficiary or get SPD this oufit sounds like trouble.

I haven't studied all the details yet - so some one correct me if I am way off here. This is sale of stock and receipt od receivables. Not ISO or other stock incentives. Receivables are not deffered income - but way of doing business. Would be stretch for situation A to be under 409A. For B - I don't think would be much different from A.

A waiver would negate the beneficiary form in normal course. Try and get copy of Summary Plan Description and see what is says about death and the account I would write the Plan Administrator (the company that sponsors the plan) - include copy of the divorce decree with the waiver and then saying in the absence of a valid beneficiary designation the account should go to the estate. Send it certified.

Get the SPD for the plan and look it up. Without specific information we can't begin to answer your question.

wsp has a good point, you have to have a valid change in status for the change in flex.

Am not an expert, but I don't think so. I think you could only change if the spouse had change in status with his/her employers plan. He/she looses coverage and then you could add them to you.

There are a few software programs out there to do this. If you are only doing a few small plans I don't know if cost/benefit would be positive. If you intend to add more plans a software program might make sense. Two names come to mind- Datair and Relius. Disclaimer - I don't have connections to either company.