Ask the Experts

Ask the Experts | September 2nd, 2010

(b)lines Ask the Experts – Eligibility Requirement Restrictions for Dual Status Sponsors

September 7, 2010 (PLANSPONSOR (b)lines) – In an ERISA 403(b) plan, a plan may require a two-year service requirement for employer contributions provided the participant is 100% immediately...

Ask the Experts | August 31st, 2010

(b)lines Ask the Experts – Requiring Transfer before Taking a Loan

August 31, 2010 (PLANSPONSOR (b)lines) – A plan sponsor wishes to disallow participant loans from vendors that are no longer receiving contributions and amend its plan to require...

Ask the Experts | August 24th, 2010

(b)lines Ask the Experts – No Plan Document

August 24, 2010 (PLANSPONSOR (b)lines) – A 403(b) plan does not yet have a written plan document, what should the plan sponsor do?

Ask the Experts | August 17th, 2010

(b)lines Ask the Experts – Dual Entities

August 17, 2010 (PLANSPONSOR (b)lines) – A hospital is both an instrumentality of a state or a political subdivision of a state within the meaning of Code section 414(d) and a separate corporation recognized...

Ask the Experts | August 3rd, 2010

(b)lines Ask the Experts – Universal Availability and Excluding Compensation

August 3, 2010 (PLANSPONSOR (b)lines) – A reader asks: “Does the Universal Availability requirement mean that the plan document cannot exclude certain items of compensation for purposes of...

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Ask the Experts | July 13th, 2010

(b)lines Ask the Experts – Universal Availability and Immediate Deferral

July 13, 2010 (PLANSPONSOR (b)lines) – A reader says: “I have been told that the new regulation for Universal Availability requires employees be allowed to defer immediately to...

Ask the Experts | July 6th, 2010

(b)lines Ask the Experts – Church Plans and State Laws

July 6, 2010 (PLANSPONSOR (b)lines) – A reader says: “What is the duty of a nonelecting church 403(b) plan to comply with state law, for example in the...

Ask the Experts | June 29th, 2010

(b)lines Ask the Experts – Summary Annual Reports

June 29, 2010 (PLANSPONSOR (b)lines) – A reader says: “I had heard that Summary Annual Reports (SARs) were not required for 403(b) plans. Has this changed with the...

Ask the Experts | June 15th, 2010

(b)lines Ask the Experts – Transfers vs. Rollovers

June 15, 2010 (PLANSPONSOR (b)lines) – A reader says: “Our 403(b) Plan document indicates that transfers from the plan to another 403(b) plan are not permitted. However the Plan document permits direct rollovers to...

Ask the Experts | June 8th, 2010

(b)lines Ask the Experts – Leased Employees

June 8, 2010 (PLANSPONSOR (b)lines) – A reader asks: “Does 414(n) apply to a 403b? I know a 403(b) plan can only cover common law employees, however after...

Ask the Experts | May 25th, 2010

(b)lines Ask the Experts – Required Minimum Distributions

May 25, 2010 (PLANSPONSOR (b)lines) – “Several years ago, we amended our 403(b) plan to comply with the changes in the regulations regarding minimum required distributions, so that...

Ask the Experts | May 18th, 2010

(b)lines Ask the Experts – Correcting for Ineligible Participant

May 18, 2010 (PLANSPONSOR (b)lines) – “A governmental 457(b) plan covers only full-time employees, but a part-time employee has contributed to the plan since 2008. To remedy this...

Ask the Experts | April 27th, 2010

(b)lines Ask the Experts – Who Counts as a Participant

April 27, 2010 (PLANSPONSOR (b)lines) – “Who should I be counting as a participant for the new requirement that large 403(b) plans obtain an independent accountant's opinion (i.e.,...

Ask the Experts | April 20th, 2010

(b)lines Ask the Experts – $5,000 Cash Out Rule and Individual Contracts

April 20, 2010 (PLANSPONSOR (b)lines) – A plan provider asks: “When a plan is funded by individual contracts, can a plan document impose the $5,000 small-sum cash out rule?”

Ask the Experts | April 13th, 2010

(b)lines Ask the Experts – Distribution Restrictions Following Exchanges

April 13, 2010 (PLANSPONSOR (b)lines) – A plan provider says: “A 403(b)(7) plan has employer matching and employer non-elective contributions in addition to elective deferral contributions. The plan...

Ask the Experts | April 6th, 2010

(b)lines Ask the Experts – Special Tax Rules for Clergy

April 6, 2010 (PLANSPONSOR (b)lines) – A plan provider says: "If a minister who is 59 ½ (and is in a church 403(b) plan that allows distributions at...

Ask the Experts | March 23rd, 2010

(b)lines Ask the Experts – Can Existing 403(b) Balances be Converted to a Roth 403(b)?

March 23, 2010 (PLANSPONSOR (b)lines) – A plan sponsor says: "One of my employees has indicated that recently passed legislation would permit her to convert her existing 403(b)...

Ask the Experts | March 9th, 2010

(b)lines Ask the Experts – Where's the Fees?

(PLANSPONSOR (b)lines ) - A 403(b) plan sponsor says: "I keep hearing about all of these fees investment providers charge, yet I do not pay any fees direct...

Ask the Experts | February 9th, 2010

(b)lines Ask the Experts – Managing Vendors Outside a TPA Arrangement

(PLANSPONSOR (b)lines) – A representative to public educators notes that many public school employers eliminated low-cost 403(b)(7) options when choosing their compliance solutions to the new regulations.

Ask the Experts | February 2nd, 2010

(b)lines Ask the Experts – ETFs in a 403(b) Plan

"Are exchange-traded funds (ETFs) permissible investments in a 403(b) plan?"

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