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I believe you can set up a safe harbor with a 10/31/2024 year end, and amend to a calendar year plan for 1/1/2025. As long as the first year, the short year (11/1/2024 to 12/31/2024), and the following year are all safe harbor there should be no concern for losing the safe harbor status. This way you can still get in some deferrals for 2023 if that is a goal.

You are right. Even more broadly than your reading of ERISA sections 101 and 105, nothing in part 1 or any part of subtitle B of title I of ERISA governs a plan if the plan is not ERISA-governed because the plan is not an employee-benefit plan within the meaning of ERISA § 3. A nonapplication of ERISA’s title I does not, at least not by itself, preclude a plan’s administrator from generating an illustration; but that’s a choice, rather than a response to ERISA § 105’s command.

Thanks. In this case, modesty is inappropriate, so a FULL fee would seem indicated!

Agree with you 100%. The lifetime income illustration is a Title I requirement. Unless the CPA believes the plan is subject to Title I - in which case, bonding, disclosures, etc. all apply - then there is no requirement to provide the lifetime income illustration. That said, there is nothing saying you can't provide one, and if the CPA really wants to see it, I'm sure you'd be happy to prepare one for him, for a modest fee....