Leaderboard

Just rambling.... 1) Reproduce and match 2020 results 2) Do 2021 val and prove that the actual contribution made is good i.e. between min and max 3) Add a robust indemnification language to your engagement agreement with respect to 2021 plan year. Communicate clearly the process, result for 2021 and not being responsible for post-factum valuation. 4) Charge for the all above 5) Proceed forward to 2022. Not sure it feels entirely comfortable but might be OK based on no harm-no fault approach?

If he wasn't eligible, then he didn't have an MDO. Amend the plan just to allow the PS for him and nothing else.

I always do. If I find/resolve anything, will post.

No reversion in a DC plan.

If you could get them to publish this guidance, it would be appreciated.

What's stopping you from contacting the participant and asking them? If they're unlocatable or unresponsive, how do you expect them to cash the check (in whatever form ends up being paid out)?

You are right to be concerned. The IRS and DOL use the pairing of the Plan Sponsor's EIN and Plan Number as a unique identifier. In your case, there was a final filing for the EIN/001 pairing. When the plan merged there was no reporting for that EIN/001 pairing, and starting to use that pairing now will cause confusion. I have seen this happen under different circumstances, a request was received for an explanation for the missing filings, and it was a pain to straighten out. The spin-off plan is a new plan, has a new effective date, and has a distinct identity from the original plan EIN/001 and the parent's plan. The distinct identity to the agencies is EIN/002.

When the complete discontinuation of employer contributions is deemed to have occurred, then you will require full vesting of all affected participants in the 401(k) Plan.