Reish Luftman Reicher & Cohen's DOL Technical Tips Welcome to DOL Technical Tips! On the 15th of each month, we post a question-and-answer here, as a service to tax-qualified plans' technical advisors -- administrators, actuaries, attorneys and others. These postings are selected from answers that have been given by representatives of the Department of Labor to questions asked at employee benefits conferences. Technical Tip 66: Cash Balance Plan Conversions: Old vs. New Formula (Posted June 15, 2006) Technical Tip 65: Participant Remedies in Cash Balance Plan Conversions (Posted May 15, 2006) Technical Tip 64: Cash Balance Plan Conversion -- Making a Choice as to How to Proceed (Posted April 15, 2006) Technical Tip 63: Cash Balance Benefits for Terminated Employees (Posted March 15, 2006) Technical Tip 62: Cash Balance Conversions: the "Wear Away" Issue (Posted February 15, 2006) Technical Tip 61: Plan Assets in a Cash Balance Plan Conversion (Posted January 15, 2006) Technical Tip 60: Reduction of Benefits on Conversion to Cash Balance Plan (Posted December 15, 2005) Technical Tip 59: Cash Balance vs 401(k) Plans (Posted November 15, 2005) Technical Tip 58: Differences Between Cash Balance and Traditional Pension Plans (Posted October 15, 2005) Technical Tip 57: Cash Balance Plans, Part 2 of the Series (Posted September 19, 2005) Technical Tip 56: Introduction to Cash Balance Plans (Posted August 15, 2005) Technical Tip 55: Form 5500 -- Proper Reporting of Delinquent Contributions (Posted July 15, 2005) Technical Tip 54: Form 5500 Reporting Delinquent Contributions Requirement (Posted June 15, 2005) Technical Tip 53: Clarification of Form 5500 Reporting for Delinquent Deposits of Participant Contributions (Posted May 15, 2005) Technical Tip 52: Reporting of Late Deposit of Deferrals (Posted April 15, 2005) Technical Tip 51: Reporting Late Deposit of Participant Loan Payments (Posted March 15, 2005) Technical Tip 50: Delinquent Contribution Prohibited Transactions (Posted February 15, 2005) Technical Tip 49: Calculating Lost Earnings Using the Tax Underpayment Rate (Posted January 15, 2005) Technical Tip 48: Earnings on Delinquent Contributions -- Calculating Restoration of Profits (Posted December 15, 2004) Technical Tip 47: Calculating Earnings for DOL Corrections (Posted November 15, 2004) Technical Tip 46: Rate of Return Calculation on Lost Earnings (Posted October 15, 2004) Technical Tip 45: Calculation of Earnings for DOL Correction of Late Deposits (Posted September 15, 2004) Technical Tip 44: Calculating Earnings on Delinquent Contributions (Posted August 15, 2004) Technical Tip 43: Orphan Plans - Part III (Posted July 15, 2004) Technical Tip 42: Orphan Plans - Part II (Posted June 15, 2004) Technical Tip 41: Orphan Plans - Part I (Posted May 15, 2004) Technical Tip 40: Using VFC to Correct Late Loan Payment Remittances (Posted April 15, 2004) Technical Tip 39: Determining When Deposits Are Late (Posted March 15, 2004) Technical Tip 38: Abandoned Plans: DOL Initiative (Posted February 15, 2004) Technical Tip 37: Selection of Plans for DOL Investigations (Posted January 15, 2004) Technical Tip 36: Notifying the DOL of a Fiduciary Breach Will Not Cause Fiduciary Status (Posted December 15, 2003) Technical Tip 35: DOL Disclosure to IRS of VFC Applications (Posted November 15, 2003) Technical Tip 34: No Exception for Deposit of Deferrals for Small Amounts (Posted October 15, 2003) Technical Tip 33: Evolution of VFC (Posted September 15, 2003) Technical Tip 32: Correcting Fiduciary Breaches That Are Not Covered By The VFC Program (Posted August 15, 2003) Technical Tip 31: 404(c) Protection Lost Where Funds are Mapped (Posted July 15, 2003) Technical Tip 30: Non-Fiduciary's Liability for Penalties (Posted June 15, 2003) Technical Tip 29: Co-fiduciary Liability for Late Deposit of Deferrals (Posted May 15, 2003) Technical Tip 28: Bank's Control Over 401(k) Funds Results in Prohibited Transaction (Posted January 15, 2002) Technical Tip 27: Fees and Subsidies Paid to Administrator by Investment Provider (Posted December 31, 2001) Technical Tip 26: Who Directs the Investments During Divorce Proceedings? (Posted December 15, 2001) Technical Tip 25: Fiduciary Duties in Handling QDROs (Posted November 30, 2001) Technical Tip 24: Charging Participants for Distributions (Posted November 15, 2001) Technical Tip 23: DOL Addresses Late Deposit of Participant Loan Repayments (Posted October 31, 2001) Technical Tip 22: Use of Checking Account to Accumulate Deferrals (Posted October 15, 2001) Technical Tip 21: Deposit of Deferrals: Can You Justify Monthly Deposits? (Posted September 30, 2001) Technical Tip 20: Distributions to IRAs Selected by Plan Fiduciaries (Posted September 15, 2001) Technical Tip 19: Are Surrender Charges Permissible? (Posted August 31, 2001) Technical Tip 18: Fiduciary Correction under VFC Must Be Made for All Employees (Posted August 15, 2001) Technical Tip 17: DOL Investigators Ask for Copies of Investment Policies (Posted July 31, 2001) Technical Tip 16: Payment of Plan Expenses: Part 2 (Posted July 15, 2001) Technical Tip 15: Payment of Plan Expenses (Posted June 30, 2001) Technical Tip 14: How Can You Tell If A DOL Investigation Has Been Completed? (Posted June 15, 2001) Technical Tip 13: Common Violations Found in DOL Investigations (Posted May 31, 2001) Technical Tip 12: DOL Service Provider Investigations (Posted May 15, 2001) Technical Tip 11: PWBA Enforcement Plan Targets DC Plans (Posted April 30, 2001) Technical Tip 10: Penalties for Improper Answers on Form 5500 (Posted April 15, 2001) Technical Tip 9: TPA Liability for Preparation of Form 5500 (Posted March 31, 2001) Technical Tip 8: Responsibility of Trustee to Collect Employee Deferrals (Posted March 15, 2001) Technical Tip 7: No 404(c) Protection for Default Accounts (Posted February 28, 2001) Technical Tip 6: Suitability of 401(k) Investments for A Particular Workforce (Posted February 15, 2001) Technical Tip 5: Removal of Underperforming Funds (Posted January 31, 2001) Technical Tip 4: The 404(c) Question on the Form 5500 (Posted January 15, 2001) Technical Tip 3: DOL Concerned About "Orphan" Plans (Posted August 22, 2000) Technical Tip 2: Surrender Charges on Insurance Contracts (Posted August 8, 2000) Technical Tip 1: DOL Clarifies Timing of Deposit of Elective Deferrals into Plan (Posted July 8, 2000) © 1999-2010 Reish Luftman Reicher & Cohen, a Professional Corporation Important notice: Answers are provided as general guidance on the subjects covered in the question and are not provided as legal advice to the questioner's situation. Any legal issues should be reviewed by your legal counsel to apply the law to the particular facts of your situation.