JanetM

WDIK is right. Just ignore it and file it away.

Thanks for stopping by, those lurking in the shadows make me nervous. LOL Since sponser and ER are the same you will name A - ABC Inc. B - 01-2345678 C- ABC Inc. E -01-12345678 D - ABC Retirement Plan for the masses. If you see anymore folks lurking, invite to join you next time. Nice to have another Poster.

Apples and oragnes. AT contributions have earnings taxed upon withdrawal and normally can be taken out at any time (tax and maybe penalty on earnings). AT amounts do count towards the annyal additions. Roth earnings are tax free and because of that there is limit on the amount you can contribute. There are also penaltys for early withdrawal.

Uh, call small TPA firms and ask if they want to sell?

Not a COBRA expert - but here's my take. Since the spouse's coverage ends at retirement (assuming it was not lost at earlier medicare eligibile date) that is the qualifing event for 18 months of cobra. From your post it sounds like both their ER coverage continued after Feb 2008. Medicare eligibility doesn't create qualifying event for covered beneficiary. Quick search points to rev ruling 2004-22.

Seems to me if the 2008 form was released Dec 17 and new instructions were not included than nothing has changed.

Can you justify that it is "reasonable" expense? Since it is due to error or omission, it could have been avoided.

Thanks Tom, Keep posting the trivia and puzzles. I do enjoy them.

Gary, yes you sshould create 3rd source for future tracking. The Trustee doesn't care what money types/sources there are , it is your job to tracking the different sources. Adding another recordkeeping item should not affect trustee fees.

GMK Thank you. I don't plan to drop of the boards. In fact since I won't be working I will have more time to spend here.

Tom, I too pick up trivia like that and find it agin at later date and am still facinated. Guess the stress of trying to pass on 9+ yrs of experience before 12/31 when my job is eliminated has made me a little short tempered. Merry Christmas and Bah Humbug to all....... BTW I have recipe for garlic chicken (40 large cloves) that would go might fine with you cheese and pepperoni snacks.

Tom, you have way too much free time................................. LOL

My understanding is you can still meet either exemption even if you give them a choice of continued pay or lump sum. Not sure why some some would think you can run afoul of the rules when what you doing is clearing given and exepmtion.

See the following site to get better answers. At the bottom is page numbers - box 12 is page 4. http://taxes.about.com/od/formw2/a/IRSFormW2_4.htm

Severance pay plan exempt from 409A if you meet the requirements. Payment must be complete by end of second year after termination and can be at mopst the lesser of 2X comp in yr prior yr of term or the 401a17 limit. There are are also rules that can exmept CBA severance plans and windows.

If they aren't tracking the SHNEC by itself, how are they calculating the offset?

Add to the list - ask for the following. Estimate of withdrawal liability of largest employer along with stats on the % of participants and % of contributions made by that employer List of Employers (they can mask names) who are delinquent and what is the amount due List of those delinqent employers who are being sued for lack of payment List of delinquent employers who are not being sued. (For SMWNPF this one is the longest of all - they don't pursue small claims due to cost, leaving those unfunded liabilies to larger employers) You get free pass to withdraw before the end of the 5th year of participation. So if you do decide to join keep very close tabs on all the details so you can avoid being sucked into the paying someone elses liability.

Thanks for you input jpod.

IMHO I'd wait till year end and revalue plan. Pay doc and employee the depreciated amount and spread the pain equally.

January 5. One yr following is orgiinal term date in 1999.

jpod, the TEFRA agreement says the payment will be made beginning one year after the date of termination and the remaining amounts paid at same time each year. Deferring the payment would blow the agreement.

IMHO, If you do discipline the EE you should also report the notary to licensing board.

K2 you got that right. The guy gets over $400k per year from DC plan.

Update. Just got off the phone with ERISA attorney who emphatically agrees that the TEFRA payments must be made or he renigs on agreement. If he does that he will be treated as if he was under RMD rules. Since his first payment was 6 years late the penalty and interest would wipe him out. Wonder what the bill for that phone call will be?

jpod thanks for your insight. TEFRA section 242(b)2 gave taxpayers the option of signing a TEFRA agreement and electing out of the RMD rules and staying under the pre TEFRA rules. This means the annual payments are not RMD payments so waiving RMD doesn't seem to affect TEFRA payment. That is why I was questioning if there was a provision in the new law that addresses TEFRA payments. BTW There are two agreements that cover a DC and a DB plan.