JanetM

GB I agree with you. Unless members of congress get burned in their own wallets and rush for revenge, little will change. At most, I see a few heads rolling but not a lot of change.

WWDIK that is a long long road you led us too.

Fact set: Owner of company signed TEFRA agreement that stated he would start taking his balance out in 15 annual installments starting 2 years after he ended his employment. Our company bought his company and his payments began in 2001 as per the agreement. He had 77th B-day 3 months later. My opinion is that his TEFRA payment must be made in 2009 or else he violates the agreement and faces penalty. Am I wrong? If so please point me to the specific section of the regs.

I looked and I can find no max given for SHNEC. There is a limit for matching in 401(m)(11)(B)(i) - 6% max match to see get free pass on testing. While I don't see any max for SHNEC I would look at the circumstances and facts. If you are benefiting more NHCE than HCE why not go higher to 6% (but now more). If this is mostly HCE call ERISA atty for advice.

Ronnie, do you mean you were told you were laid off and that you have to work until a date in order to get you severance? Yes that is legal. Not sure what your unemployment question is.....

http://benefitslink.com/boards/index.php?s...st&p=172898

There are still sugnificant differences. VS plan can provide and PT can't provide the following - multiple employer plans, DB plan with EE contributions, governmental plans and non safe harbor hardship criteria. Am sure there are other reasons but those are the only ones that I can think of now.

Then it looks like separated spouse is beneficiary. She can opt to disclaim then the plan document will determine who the beneficiary is.

Plan Sponsor should write to: Public disclosure room N-1513 EBSA DOL 200 Constitution Ave NW Washington DC 20210-1111 Request copies of the 5500s from 2006 and prior years. Not sure why you can't find in FreeErisa, P was filed up to 2006 plan year. That is the latest available.

QDRO what if the plan does not include participant returning the distributed ER funds.

Not sure about AT part, but the participant is out of luck if the plan does not allow reinstatement of forfeitures. Tom Poge can you chime in?

Use new EIN on page one and report the change on page 2.

If I recall, it has been a while since I did one, we put that part of the r/o back into ER source and the rest in r/o. Then the forfeitures are put in ER souce to make them how and vesting adjusted so they will continue to grow to 100% in ER source.

Couple suggestions - no direct advice. First I would look to see of the 3 loans exceed the max allowed under IRC to see if you in service w/d that is taxable. If the cure period for #2 has not passed it isn't in default. If the P make single payment on #2 (assuming they are up to date on #1) then #3 will be defaulted immediately since there can't be 3 loans and the P has acknowledge the first 2. If P does not make payment on #2 seems to me they are admitting #3 is in service w/d.

The participant obviously knew what they were doing. Is it too late to put stop payment on the check and get funds back? That would put the participant at the mercy of the back that cashed the check, not the plan.

I agree, if keys benefited from both plans the participants in those plans have to be aggregated.

I agree. Only active EE can take in-service w/d. Term'd take partial distribution.

rcline, I will agree to disagree. You refer to small and micro plans size. For larger plans these are common.

$100 for a distribution? You TPA is overcharging IMHO. Processing DC distributions, contributions, investment transfers etc. should be part of overall administration costs. Now the cost of cutting the check or making wire transfer is different. You can charge the participant for that.

All the advice given is great. I would like to add one suggestion. Call your Ex and ask who you need to contact?

I would also argue that the voluntary terms don't make for partial termination. If this is daily valued plan and individual accounts I don't understand is why you think the plan is short of funds. The amounts forfeited have gain/loss just like participant accounts. Example is $1000 forfeited at 12/31/07. That forfeited amount is now valued at $700. If you do elect to consider this partial termination the person made whole gets the $700 today. If plan is balance forward, the forfeited amounts are revalued at year end and what ever the value that consitutes the total forfeited amount.

I agree below ground. Back in the day I was on TPA side. I would give my doctors, dentists, and lawyers the SAR to hand out and they would smile politely and nod. Then they would either file it away and not share the information or give out the notice with altered numbers. One doctor told me this. The office has 6 people, me and five others. I show them this and all moral goes down. They know their balance, it would be easy to figure out mine. No way am I giving that out.

Tell him to name a charitable organization as his beneficiary and then ignore the account exists. It will eventually go to the charity. Is this person in a position to be excluded by class while not effecting others? If so, I would say you could do so prospectively. It just smells bad to have him opt out by signing waiver after he has been a participant.

The light at the end of the tunnel is the light of the oncoming train.

You can make an irrevocable election to not participant initially but I don't know if you can you it after you have begun to participate. You must make the contributions or else you have operational failure. Why is being 85 a concern? If he is employee not owner he isn't required to take RMD. If he really doesn't want the money tell him to donate it to charity.