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Members of a controlled group are treated as a single employer for purposes of 415, that is, for determining compensation. However, check your plan documents to see if any compensation is excluded, for example compensation paid by other members of a controlled group which have not adopted the plan.

Sure it can; what do you see as the problem? ADP will pass (no NHCEs). Effective date can be 1/1/19 with no problem, just make sure you have an entry date that brings them all into the plan by 12/31/19.

I think it is ok but now you are effectively letting everyone do whatever they want and it can prove to be a hassle for the sponsor. If it's past 2 years you might consider a rollover to a regular IRA for the existing money (and new money periodically) and leave the rest of the SIMPLE alone.

Well, 25 bps and using A shares sounds high but we still don't know the whole story. There could be credits that are reallocated to participants. Also if there are no external/direct fees then maybe the whole package is reasonable. You need to strip everything apart, looking at direct and indirect fees and who gets what, and put it back together again to look at the whole picture.

This is not going to end well.

Happens ALL the time; you have 5500s required until there are zero assets. For example, terminate a plan effective 12/31/18 (we never terminate 12/1, but you might have some unknown reason for doing so). File with IRS for approval, maybe 4/1/19. Wait for IRS approval which come 2/1/20. Start distributions in 2020. Hope that they all will be out by 12/31/20. File 5500s for 2018, 2019, 2020 if all money is out by then. No big deal.

I would like to update my situation. I have very good news to report. Benefit Plans has paid my back benefits plus interest in full and has begun paying my monthly benefit according to my QDRO. And as you predicted, my disability plan has not come after it in any way so I'm good to go with it. I wanted to take the time to thank each and every one of you who gave me such good advice on this forum. I'm so grateful that I found this very informative source for QDRO's. I don't know what I would have done without your advice and guidance through it all. Thanks so very much. It was certainly a pleasure working with all of you. You all fill a great service in what you do. Sincerely, LAHartline