Leaderboard

The popular consensus seemed to be that it would not be permissible. However I don't think there has been anything official one way or the other.

No. SECURE removed the notice requirement for the ADP safe harbor of 401(k)(12) and 401(k)(13) but did not remove it for the ACP safe harbor of 401(m)(11) and 401(m)(12).

Catsby, there is more to this issue than ACA. Telemedicine can be impacted by ACA, ERISA, and COBRA. There may even be state law issues to deal with, but I am not an expert on each state. Generally speaking, when a telemedicine program is integrated into the group plan these issues are satisfied because of its inclusion in the plan. When offered as a stand-alone it is viewed as a separate plan and the employer needs to satisfy ERISA requirements, create a separate COBRA process, and abide by ACA. Abiding by ERISA and COBRA is not very difficult, nor expensive. The ACA excepted benefit piece may be because of the requirements. To meet this threshold, the plan must; not provide significant medical care benefits, not be coordinated with the group plan, be cost free to the participants, and does not have any cost sharing.

No. Borrowing is only available to satisfy ACP if the 401(k) portion of the plan is subject to the ADP test. See 1.401(m)-2(a)(6)(ii) No need to switch ACP to current year testing, unless they want to.

I would check the special extension box. Here is a brief thread on how to complete it.

Assuming by "adult" you mean 21 or over, you don't attribute stock to the parent or child unless they already own more than 50% of the business. I don't see this meeting the criteria for a CG. WCP

Make-whole contribution: The plan sponsor or another responsible entity contributes the amount of the overpayment (with appropriate interest) to the plan in lieu of recouping the amount from plan participants and beneficiaries. However, the beneficiaries will have to be notified that 60% of their benefit is not an eligible rollover and will be taxable.