Subject: Newsletter: SIMPLE transition rules; ASPA on the Web Date: Sun, 3 Nov 1996 22:46:23 -0500 ................. BenefitsLink Newsletter ............. { { Free, useful information about U.S. tax and labor laws { and new Internet resources, for employee benefit plan { sponsors, service-providers and participants. ......................................................... .............. THIS ISSUE'S SPONSOR: BEST SOFTWARE ...... Best Software, http://www.bestsoftware.com, provides the industry's leading fixed asset, human resources and payroll solutions. Best Software's systems are in use in over 40,000 organizations nationwide! .......................... IT'S SIMPLE, REALLY ......... IRS Announcement 96-112, scheduled to appear in Internal Revenue Bulletin 1996-45 (not yet on the Internet), assures employers of their ability to start SIMPLE IRA plans on January 1, 1997, when the checkered flag comes down. The Code, as amended by the recent pension simplification legislation, requires an employer sponsoring a SIMPLE IRA to allow employees at least 60 days in which to decide whether they will make pre-tax contributions for the following year. Further, the employer must notify employees about this option BEFORE the 60-day period begins. Without the "transition relief" provided by the announcement, this would mean employers wanting to get started on January 1, 1997 would need to make up their minds about adopting such a program and publicize it to employees prior to November 2 ... just a few days away. Under the transition rules, the employer still needs to notify eligible employees begore the 60-day election period begins, but the IRS says the election period can begin anytime on or before January 1. Once it begins, it has to last at least 60 days. BenefitsLink COMMENT: this is not a big deal. Most employers will want to allow participating employees to be able to change the level of their contributions during the year and will want to allow eligible employees to begin participating in the plan on any of several prescribed entry dates. The 60-day window rule generally will be important only to those employers that want to provide employees with the least flexibility required by law, namely preventing newly eligible employees from climbing aboard the plan, or participating employees from changing the level of their contributions, any time other than a single 60-day window period per year. BenefitsLink COMMENT: the 60-day window rule does not apply to a 401(k) plan that is designed to meet the SIMPLE requirements, just to SIMPLE IRA programs. (A 401(k) plan avoids the top-heavy minimum contribution rules by meeting the SIMPLE requirements: full vesting, no employer contribution other than a 100%-up-to-3%-of-comp match or 2%-to-everybody, and no covered employees accruing contributions or benefits under a qualified plan of the same employer.) Note also, by the way, that a SIMPLE 401(k) plan CAN be sponsored by an employer having more than 100 eligible employees, unlike a SIMPLE IRA program. ........................ SIMPLY IRRESISTABLE ......... Want to talk further about SIMPLE plans? Use the new Message Board on BenefitsLink set up especially for SIMPLE plan questions and answers! Set your browser to --> http://www.benefitslink.com and head for the Message Boards. ....................... ASPA NOW ON THE WEB ......... BenefitsLink welcomes the American Society of Pension Actuaries to the World Wide Web! ASPA's new site is --> http://www.aspa.org ASPA is a national professional society of actuaries, consultants, administrators and other benefits professionals. Its 3,000 members provide services to approximately 30 percent of the qualified retirement plans in the United States. The new Web site contains information of interest to all benefits professionals -- * Schedule of upcoming ASPA continuing education conferences and seminars * Schedule of upcoming examinations for the various professional designations conferred by ASPA, such as the Certified Pension Consultant and the Qualified Plan Administrator designations * Information about ASPA's government affairs committees, which provide important input to legislators on behalf of the private pension system ................. 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