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  #1  
Old 08-14-2013, 10:58 PM
Mark Cavazos Mark Cavazos is offline
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Default 2014 Gray Book

Is there a way to suggest questions for next year's gray book? I have two that I would like to toss in the hopper.

1. Section 415 and governmental plans: Section 415 says that the limit is not reduced for spousal benefits under a QJSA. Section 417 on QJSAs does not apply to governmental plans. So how does this provision of 415 apply to governmental plans? Does it mean that no JSAs are treated as qualified? Does it mean that all JSAs are treated as qualified?

2. Meaningful benefit: IRS Document 9242 has following two bullet points in its discussion of meaningful benefit;

For example, an accrued benefit equal to .5% of total compensation times years of participation (or a current accrual rate of .5% of total compensation per year of participation) would generally be considered meaningful.

On the other hand, an accrued benefit or current accrual less than this would not necessarily fail to be meaningful.

Since our clients seek clarity on this issue, what is the IRS' definition of meaningful benefit? What are some examples of a meaningful benefit that are less than 0.5% of total compensation per year of participation?

Note to potential submitters: feel free to edit them and class them up.
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Old 08-20-2013, 11:34 AM
djtrifecta djtrifecta is offline
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Quote:
Originally Posted by Mark Cavazos View Post
Section 415 says that the limit is not reduced for spousal benefits under a QJSA. Section 417 on QJSAs does not apply to governmental plans. So how does this provision of 415 apply to governmental plans?
If the governmental plan's optional form satisfies the definition of a "QJSA", as specified in Code section 417, then the optional form will be treated as a QJSA for purposes of Code section 415.
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Old 08-20-2013, 12:51 PM
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Kenny Kenny is offline
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You could try submitting your question via http://www.irs.gov/uac/Tax-Law-Questions and asking it be included in the Gray Book.

Alternatively, you can email Judy Miller at ASPPA (fid her contact info here) and ask her to submit them on your behalf (even if not an ASPPA member I am sure she would be willing to do it).
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Old 08-23-2013, 02:46 PM
Mark Cavazos Mark Cavazos is offline
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Originally Posted by djtrifecta View Post
If the governmental plan's optional form satisfies the definition of a "QJSA", as specified in Code section 417, then the optional form will be treated as a QJSA for purposes of Code section 415.
Actually, my purpose is not to find the answers. I am a nobody. I want a Somebody, viz. the IRS, to put forth their answers.
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Old 08-23-2013, 02:46 PM
Mark Cavazos Mark Cavazos is offline
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Quote:
Originally Posted by Kenny View Post
You could try submitting your question via http://www.irs.gov/uac/Tax-Law-Questions and asking it be included in the Gray Book.

Alternatively, you can email Judy Miller at ASPPA (fid her contact info here) and ask her to submit them on your behalf (even if not an ASPPA member I am sure she would be willing to do it).
Thank you. I will contact her.
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