JanetM

Is company B leasing company? Did the person incur 5 one year breaks?

Am thinking that this is covered under 410(b)(6)© - special testing rules. IMHO if the sub has non excludables you will fail. Was the plan be drafted to exclude the employees of the sub?

What does the plan say? Some plans are drafted to include language to handle this.

A fool and his money are soon parted................. is a cliche for a reason.

Vicki, I have seen it too. Is misunderstanding about what disclaimer is.

Limited scope audit disclaims an opinion due to the limited scope. The only way to have an opinion issued is to do full scope audit.

IRC regulates operation of Caf plan not state DOI. Not sure I understand your question. Are you looking to sell fully insured products employers can wrap in caf plan? Can't help you with the license question.

IMHO, only if you squint while looking at it upside down wearing rose colored glasses while riding a skateboard over a cliff. What if they don't opt to purchase at the end of one year? I don't think it qualifies.

This sounds like trustee directed plan not particpant directed. You have no 404c protection unless meet the 20 or so criteria. 3 diversifed options, participant control over selecting investments ... etc..... Not that anyone even knows what that protection really means. Or how far it really extends until boomers file law suits and the court interprets 404c.

First check the dates the plan and SPD were done, if SPD was done later it sounds like you are missing an amendment.

And what a wonderful picture it was Tom.

You don't need participants permission to merge plans. Are you saying you are giving them a choice to take cash, roll to IRA or rollover to the employers plan?

Maybe if we wrote them like Dr. Suess participants would read them.

The FICA (Federal Insurance Contributions Act) is not the same as IRC. Think of it this way, unless you find a cite that states something is not subject to the regular rule, it is subject to the regular rule. Section 401k specifically excludes deferrals (up to 402g) from federal taxation. Many states copy the federal code as far as taxation, but some do not. You aren't going to find site that states that X, Y and Z are subject to the tax. You will find that all income is subject to tax..... except ... Hope this helps.

I think you should also look at partial withdrawal rules. Seems that there will be decline in contribution base units. ERISA 4205 explains how to figure. Are you lucky enough to be in food service or construction trades and can claim exemption from the rules? The whole thing will depend on Union and Plan funding. Have you approached them on the issue?

You're right. Guess no one gets spun up about wasting time.

Good one pax. WDIK, maybe wasting time will hit someone elses hot button and this one will take off too.

I googled ( "actuarial firms" outsource to india ) and got lots of hits. Most of them were about UK companies who have outsources a lot of accounting and actuarial stuff. None seemed to name any of the consulting/actuarial firms I know of. But I would think if one of the big ones (Buck, WatsonWyatt, Mercer, Segal to name a few) were to do it, it would be done very quietly. Most of them have offices in the East, so how difficult would it be.

Here's what I would do..... Get SPD for old plan, look up appeal section. Write detailed appeal based on old SPD since that is the only one you have to use . Send it to plan administrator for new plan be sure to get a return receipt. Include a request of copy of new SPD with appeal letter. Wait and see what happens. If you don't get SPD or a response to your appeal in 30 days it would be time to find legal help.

YIKES! You're right. I missed that in my review. Good thing you told me, I have two that are going in the mail today.

Hmmm, my Rs are printing okay. Don't think there is bug there. Not sure about the D.

Have you tried socail security for any programs for disabled folks? Short of loans, scholarships and grants I don't know of any other sources of funds. Church or Organized fund raisers work sometimes too. Future employers are also places to look. What will you do with this degree? Whe did you want to work for? Can you work for someone part time for tuition funds? Does the school help find internships that pay for students? Does the school offer employment for janitorial, library, cafeteria, print shop, anything? To define tuition assistance as it is used on the boards you have to understand the folks who use the boards. We work in employee benefits, either on the employer side, the provider side, the legal side, the trust side........... and usually the benefits are provided by an employer to employees. Good luck on finishing your degeree.

EBSA uses automated system to kick out error letters for things that aren't errors. If it were me I would do it and put zero for the number. That way you don't have to explain why you didn't file one for the year.

Better I point you to plan document. What is definition of eligible employee? Does it say someone who works for another company can contribute to the plan? Are rollovers allowed into the plan from someone not eligible to be participant. As for the distributing plan. What is distributable event? Is there in-service withdrawal for any reason or just age? To clarify - Doe works for co 1 who doesn't allow contributions. Doe wants to transfer to co 2 and continue to defer funds. Why not fund an IRA since his employer no longer can check the retirement plan box on W-2.

This came up in CPA firm I used to work for. After long discussions and lots of reading regs and instructions it was decided that 1099 for loan offset goes to deceased participant and 1099 for cash distribution goes to beneficiary. Logic was, it participant had not died, the loan would have defaulted and a 1099 issued for 10K loan balance. Then he dies and beneficiary get the 50K and the 1099 for that amount.