fidu

there is a descrepency regarding proxy voting procedures btw the trust agreement and the proxy statement (and potentially the plan document). which prevails. The Trustee was directed in the trust agreement to vote as directed by each participant However, the proxy statement states sent out by the sponsor states that any unvoted shares shall be voted by the Trustee in the same proportion as votes received.

what is the personal liability of individuals acting on behalf of trustee or custodians. can they get fined for willful breach of duty. I think we all agree they could potentially go to jail?

Anyone have a brief overview/link/explanation of some of the features of a cash balance plan. Thanks in advance

and if for some reason the plan administrators violate these rules and blackout without adequate notice, or for a prohibited timeperiod, whats a trustee to do? any specific examples would be helpful

In today's Federal register the DOL issued a final rule relating to ERISA plan black out periods. Anyone able to provide a synopsis/overview on how this effects trustees and custodians of ERISA governed employee benefit plans?? Thanks

thanks for the clarifications. whats "MP" plan?

Didn't get answers on this on the DB board so any help here would be appreciated - Can someone give me the short version of underfunded plans and make up contributions. first, when is it determined? year end? by plan actuaries? for which type of plans typically? and which plans have no underfunding requirements. secondly, if it is determined, (what is the timing test, at anytime?, or as of plan year end?) that the plan is underfunded, what steps are to be taken, within what time frameframe. is there a reporting requirement? penalties assessed? what governs? pbgc? dol? irs? common sense (just kidding on that last one) happy healthy and prosperous holiday season and new year to all. Thanks as always.

Seasons Greetings all. Can someone give me the short version of underfunded plans and make up contributions. first, when is it determined? year end? by plan actuaries? for which type of plans typically? and which plans have no underfunding requirements. secondly, if it is determined, (what is the timing test, at anytime?, or as of plan year end?) that the plan is underfunded, what steps are to be taken, within what time frameframe. is there a reporting requirement? penalties assessed? what governs? pbgc? dol? irs? common sense (just kidding on that last one) happy healthy and prosperous holiday season and new year to all ya. Thanks as always.

Seasons Greetings all. Can someone give me the short version of underfunded plans and make up contributions. first, when is it determined? year end? by plan actuaries? for which type of plans typically? and which plans have no underfunding requirements. secondly, if it is determined, (what is the timing test, at anytime?, or as of plan year end?) that the plan is underfunded, what steps are to be taken, within what time frameframe. is there a reporting requirement? penalties assessed? what governs? pbgc? dol? irs? common sense (just kidding on that last one) happy healthy and prosperous holiday season and new year to all ya. Thanks as always.

yes. that was the one. THANKS

ok folks, i recall a discussion not too long ago regarding responsibilities of directed vs discretionary trustee, but can not seem to find it on the message boards. can anyone steer me to it please!? Thanks

Very much obliged for the input. It is my understanding that the administrator has been providing some less than accurate guidance to participants regarding the penalty. Thanks to all. Enjoy the weekend.

ok folks, there seems to be something that were missing. many many plan administrators are permitting this w/d, not as a loan, but as a distribution, but no penalty. im a bit troubled as to what code section permits this.

The plan administrator informed me that the 20 % withholding DEFINITELY applies to any withdrawal whenever it is made, BUT there is an exemption to the 10% early withdrawal penalty for first first time homebuyers up to a maximum of $10,000 withdrawal. anyone hip to this rule????

thanks to all. so would the 10% be applicable to employee as well as employer match vested amounts in the participants account?