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Human resources and labor relations

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New mandatory withholding and rollover rules for qualified plan distributions

Article Abstract:

The Unemployment Compensation Amendments of 1992, signed into law on Jul 3, 1992, make significant changes in the way qualified plan distributions are taxed and administered. The new distribution rules apply starting in 1993 and state that the rollover option exists for virtually all nonperiodic qualified plan distributions, that qualified plans must allow participants to have rollover distributions transferred directly between plans and that amounts not transferred fall under a 20% withholding rule when distributed.

Author: Brown, Kyle N., Phillips, Lynn A.
Publisher: Aspen Publishers, Inc.
Publication Name: The Journal of Pension Planning & Compliance
Subject: Human resources and labor relations
ISSN: 0148-2181
Year: 1993
Distribution, Qualified benefit plans, Rollovers (Finance)

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Separation from service and the same desk rule: distributions from Section 401(k) plans

Article Abstract:

The IRS has the position that since IRC 401(k) and 402(e) use the same language, the same desk rule applies for the distribution of elective contributions from 401(k) plans, even after the Tax Reform Act of 1986. This position is incorrect and makes plan administration much more complex. The IRC 401(k) distribution rules are really more like the pension distribution rules than the IRC 402(e) lump sum distribution rules. Alternatives which would still comply with the law are considered.

Author: Brown, Kyle N.
Publisher: Aspen Publishers, Inc.
Publication Name: The Journal of Pension Planning & Compliance
Subject: Human resources and labor relations
ISSN: 0148-2181
Year: 1995
United States, Employee benefits, Salary reduction savings plans, 401K plans

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Former employee testing under final nondiscrimination regulations: past, present, and future?

Article Abstract:

IRS Notice 92-37, released on Aug 21, 1992, proposes replacing the objective nondiscrimination tests applied to former employees with a standard based on facts and circumstances. This would mean that former employees' benefits could not significantly favor highly paid former employees. This standard would take the place of the 1991 regulations implementing IRC 401(a)(4) and 410(b). The proposed rules would eliminate the uncertainties in the 1991 regulations.

Author: Brown, Kyle N.
Publisher: Aspen Publishers, Inc.
Publication Name: The Journal of Pension Planning & Compliance
Subject: Human resources and labor relations
ISSN: 0148-2181
Year: 1992
Laws, regulations and rules

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Subjects list: Management, Pension funds
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