TRI Pension Services
The ERISA Outline Book
Table of Contents
Chapter 1 - Important Definitions
- Over 150 definitions listed alphabetically including the definitions listed below
- Compensation definitions compared; earned income for self-employed individuals
- Highly compensated employee and key employee definitions
- Top heavy plan
- Related employer definitions (affiliated service group, controlled group)
- Attribution rules explained
- Remedial amendment period
- Mergers, spin-offs and transfers
- Qualified domestic relations orders
- Qualified separate lines of business defined
- Section 403(b) plans and section 457 plans also defined
- Church plans and governmental plans
- IRAs and special rules applicable to such retirement savings vehicles
Chapter 2 - Eligibility Rules
- Minimum age and service requirements
- Crediting years of service
- Break in service rules
- Rehired employees
Chapter 3 - Accruing Benefits
- How benefits accrue in a plan
- Defined contribution vs. defined benefit
- Sample allocation methods
- Features in a 401(k) plan
- Why certain types of plans are considered
- When contributions are allocated
- Allocation of forfeitures
- Allocation of earnings
- Compensation dollar limit
- Top heavy minimum accruals
- Protecting accrued benefits
- Notice requirements under ERISA §204(h) and IRC §4980F
- Exclusive benefit rule
- Expenses that may (and may not) be paid with plan assets
- Make-up benefits for military service
Chapter 4 - Vesting Rules
- Permissible vesting schedules
- Crediting service
- Amending the vesting schedule
- How forfeitures are triggered
- Cash-out distributions
- Rehired employees
- Vesting due to termination or partial termination
Chapter 5 - Section 415 Limits
- Identifying annual additions
- Correcting violations
- Refunding elective deferrals and employee contributions
- Defined benefit plan limits
- Relationship to plan design
Chapter 6 - Plan Distributions
- Forms of payment
- Qualified joint and survivor annuities
- Distribution restrictions
- Hardship withdrawals
- Protecting optional forms of benefit
- Notice and consent rules
- Minimum distributions
- Death benefits
- QDROs
Chapter 7 - Taxation Rules
- Basis recovery rules
- Rollovers
- Withholding requirements
- Premature distribution penalty
- Income averaging election
- Special rules for employer securities
- Participant loans and tax consequences of default
- Life insurance investments
- Collectibles
- Estate and gift tax issues
- Death benefits
- QDRO distributions
- Employer deductions (including calculations for self-employed individuals)
- Payment of expenses by employer
- Unrelated business taxable income
- Reversions to the employer
- Tax credits relating to retirement plans
Chapter 8 - Coverage Testing
- Identifying excludable employees
- Who is benefiting?
- Ratio test and average benefits test
- Sample calculations
- Separate testing of 401(k)/401(m)
- Special testing rules
- Minimum participation test (§401(a)(26))
- Aggregation and disaggregation rules
- Correcting violations
Chapter 9 - Nondiscrimination Testing
- Safe harbor plans (defined contribution and defined benefit)
- Rate group testing
- How to perform cross- testing
(with factor tables)
- New comparability calculations and the "gateway" requirements in effect in post-2001 plan years
- Sample target benefit calculations
- Testing benefits, rights and features
- Offset arrangements
- Aggregation and disaggregation rules
- Correcting violations
Chapter 10 - Permitted Disparity
- Safe harbor rules under §401(l)
- Imputing permitted disparity
- Overall limits
Chapter 11 - 401(k) and 401(m) Testing
- Identifying eligible employees
- ADP and ACP tests explained
- Prior year testing method vs. current year testing method
- Correcting failures of the ADP and ACP tests
- Qualified nonelective contributions (QNECs)
- "Shifting" techniques for running the ADP and ACP tests
- Tax reporting rules
- 402(g) limit and 401(a)(30) limit
- Catch-up contributions
- Multiple use limit (effective for pre-2002 plan years only)
- ADP/ACP testing issues when plans merge
- Safe harbor 401(k) plans
- SIMPLE-401(k) plans
- Roth 401(k) contributions
Chapter 12 - SEPs and SIMPLE accounts
- Technical requirements
- Compared to qualified plans
- Checklist comparing SIMPLE plans to SIMPLE-401(k) plans
- Checklist comparing SIMPLE plans to SARSEPs
Chapter 13 - Title I of ERISA
- What plans are covered by Title I of ERISA?
Forms 5500 series filing requirements
- Communicating with employees
- Advance notice requirements for temporary blackout periods on investment changes, plan distributions, or plan loans
- Coordination between ERISA and the tax code
- Who is a fiduciary?
- What are plan assets?
- Fiduciary duties and liability
- Participant-directed plans
- Civil enforcement of ERISA
- Reportable events checklist
Chapter 14 - Prohibited Transactions
- Who is a disqualified person/party-in-interest
- Description of transactions that are prohibited
- Statutory exemptions
- Class exemptions explained
- Participant loan exemption
- Correcting a prohibited transaction
- Calculation of the excise tax
- Parallel rules in Title I of ERISA
Chapter 15 - Tables, Checklists, and Quick Reference
Guides
- Indexed dollar limitations
- Life expectancy tables
- Factor tables
- User fees and determination letter requests
- Plan design checklist
- Plan administration checklist
- Checklist for operational compliance during GUST remedial amendment period
- Checklist of enmployer responsibilities relating to plan sponsorship
- Short plan year checklist
- Tables of uses of compensation
- QDRO checklist
- "Red flags" in plan design
- USERRA checklist
- Rehired employees checklist
- Taking over plans as a service provider: what issues need to be evaluated?
- Coverage and nondiscrimination testing flowchart
- Coverage and nondiscrimination testing checklist
- Plan termination checklist
- EPCRS correction program for qualification defects
- Mergers and spin-offs checklist
- New law summaries
- IRS' Cumulative List of Changes to Plan Qualification Requirements
Index Volume -
Key words and key phrases, organized alphabetically, to facilitate use of the book for
reference purposes.
Current development updates on current edition of the book. TRI Pension Services periodically posts
brief references to current developments that affect material in the most current edition of the ERISA
Outline Book. Click "Current developments by chapter" to obtain information on current
developments relating to each of the 15 chapters of the book. Each current
development entry is cross-referenced to the section of the latest published edition of The ERISA Outline
Book which is affected by that entry.
Updated factor tables. In Part C. of Section II of Chapter 15 of The ERISA
Outline Book, rate tables are published relating to 30-year Treasury Constant Maturities
(announced monthly), Federal Mid-Term Rates (announced monthly), Weighted Average Interest Rates
(announced monthly), Interest Rates on the Underpayment of Taxes (announced quarterly), PBGC
Interest Rates to Compute Lump Sums for Private Sector Plans (announced monthly), and PBGC
Interest Rates for Variable Premium Calculation (announced monthly). For rates announced
subsequent to the publication of the latest edition of the book, click "Rate Tables."
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