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This is a classic example of: what does the document say??? I have never worked with a document that didn't answer this question clearly and if the lawyer who wrote the document was even remotely competent you will comply with the law if you follow the document. Read the document or the base document if a prototype. In fact the guy who taught me this business would throw you out of his office if you came in it with this kind of question without the document in your hand. You better have been able to demonstrate you had looked for the answer. Only then would he take the document and walk you through finding the answer in it.

First, and this is semantics, but you're talking about a potential management function affiliated services group. No such thing as a management function controlled group. I say this only because when you are looking for formal guidance, which is somewhat sparse on this subject, it (the terminology) matters. Second, impossible to tell from the facts given. And this type of situation is very much driven by facts and circumstances. Have you already ruled out ANY type of attribution - not just family, but options, etc.? What is the precise relationship between the companies, and what functions are being performed, and by whom? You really should take this to an ERISA attorney.

You say that you need to make the $40,000 in savings "disappear" for financial aid purposes. I am not in a position to question that. Assuming you are right about that, and further assuming you can't get any satisfaction from your employer and ADP, if I were in your shoes I would go to a bank or credit union and take a personal or home equity loan for $10,000 so I had enough money to pay off the loan in full. You'll just be paying interest to the bank on the $10,000 rather than yourself, but it sounds like it would be worth it for financial aid purposes.

What do the terms of the loan say about this? I doubt the loan terms leave flexibility for the plan administrator or any other party to change them without your consent. ADP may be saying "we can't/won't/don't wish to deal with this," but that doesn't mean you can't pay down the loan as you see fit.

What do your loan documents say about repayment? Is it only by payroll or are additional payments allowed? As far as the new service provider (ADP), having done takeover work on Plan's they have administered, I would be hesitant to accept their position as anything other than "That's not the way we do it".

most of the time we submit 5500s on a cash basis so missed contributions as well as receivables don't show until they are actually made anyway.

Haven't seen any of the all-day programs - have seen a couple of very detailed 2 -hour programs where they are doing an in-depth presentation on one small subject. Didn't know they did one day (or longer?) courses, but then, I've never looked. Good to know they have them. I no longer have illusions about anything. Well, maybe that our cat really loves me, but he probably just wants food.

Just barely. 52 weeks/yr. 1/3 x 52 = 17.3333 700/17.3333 = 40.38 I'm thinking someone too the "standard" 2080 hours a year and divided by 3 (693.33) and rounded up.