How to avoid penalty from IRA, 401(k) withdrawals during 2009

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Christina Brinker

In December 2008, President Bush signed The Worker, Retiree, and Employer Recovery Act of 2008 into law. The law waived the required minimum distributions for 2009 from IRAs and employer sponsored defined contribution requirement plans because of the large drop in the stock market and declining retirement values.

Generally, a required minimum distributions is an annual amount that must be withdrawn from an IRA or an employer sponsored plan beginning with the year the account owner reaches 70 ½.

The IRS said that in many cases, because the law was signed so late in the year, and many individuals and plan sponsors were confused about how to comply with the new rules, IRA owners and plan participants received distributions they were not required to take or did not want.

Retirees who made a withdrawal from an IRA, 401(k) or other qualifying retirement plan have until 11/30/09, or within 60 days of the distribution, whichever is later) to put the money back in the plan tax-free.

Notice 2009-82 assures plan administrators that Read the rest of this entry »

Categories: Employee Benefits, General Information, Operational Issues
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Recent Changes to 403(b) Plans

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Christina Brinker

A 403(b) plan is a retirement plan offered by schools, hospitals, churches, charities, and certain other tax-exempt organizations.  403(b) plans works very similarly to 401(k) plans and on November 16, 2007, the Employee Benefits Security Administration, the IRS, and the Pension Benefit Guaranty Corporation published revisions to the Form 5500 annual return/report for plan year 2009.

How do these revisions affect your non-profit org?

These revisions include making the reporting rules for those 403(b) plans on par with 401(k) plans.  This means that beginning in 2009, 403(b) plan will be subject to the same reporting and audit requirements that currently exist for section 401(k) plans including the completion of the Form 5500 as a small or large pension plan and for large 403(b) plans includes the engagement of an independent qualified public accountant to conduct an independent audit of the plan.

Do you have a 403(b) plan? Be prepared to file.

Categories: Employee Benefits
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