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Yes. Safe harbor non-elective is considered to be the same as profit sharing for 410(b) and 401(a)(4) purposes.

(and hopefully the plan's document "guarantees gateway" as needed for those with only the SH allocation prescribed)

It’s with sadness that I learned about Mike Preston’s passing when Linda called me yesterday. Anyone who was fortunate to spend any time with Mike, knew he was truly a unicorn. Technically brilliant, razor sharp intellect, generous, open and honest (even on uncomfortable subjects), always supportive, witty (very dry). I always enjoyed hearing him laugh! As I look at the comments on Benefitslink, and having shared news with other colleagues, I heard the comment over and over again “Mike saved my bacon!” Rather than repeat his expertise and prowness to which all have provided testimonials, I wanted to share some stories of Mike. Mike, always a fan of the keyboard shortcuts, would do his best to get me to follow his lead. As an exercise, he gave me an excel spreadsheet to do some calculations on. I was so slow using the mouse instead of the keyboard strokes, that he never asked me to do that calculation again. He never gave me any grief about this and I continued to work with him for the next 9 years. Looking back on that, he was fully supportive and allowed me the freedom to show my abilities, even though they differed from his. When Sal Tripodi was touring, a group of us would gather together to socialize, enjoy an adult beverage and have discussions about movies. When Mike joined us, he would initially try to engage Sal in more shop talk. We would tease him and ask him what movies he’s seen. We finally got him to engage on the movie “Crouching Tiger, Hidden Dragon”. That was a pretty fun moment when he was describing the fighting scenes to us. Mike was also a fan of the Sopranos. Mike would start grooving and moving to “Woke Up This Morning.” While they were traveling they asked me if I would record an episode for them. I remember Linda telling me that the tape also included some of my girls tv shows that included the Bernstein Bears, etc. She said Mike was wondering if I was trying to send him a message. We laughed at that. When my wife and I started our journey to begin a family, Mike and Linda were fully supportive. As I would later find out, Mike and Linda went down a similar journey without success. Without Mike and Linda’s full support, we would not be parents of twin girls. I feel fortunate that Mike and Linda have met my girls and know how much their support means to us. Mike, you will always be in our hearts. I’m thankful for our time together. Frank Suzuki

As C.B. Zeller implies, you have to read the plan document because there is a small chance that your plan contains a 5-year suspense account provision instead of a cash-out and buyback provision, in which case you would have to vest the suspense account. Also, you do not provide a full description of potentially important facts. If the individuals were a substantial portion of the workforce and they terminated in connection with a winding down or shrinking of your business, you could have what is called a "partial termination" that would require full veting.

In this morning’s psalms and canticles, I’ll include prayers for Mike Preston and his family.

I second that. This is a huge loss to the retirement benefit practitioners community. Let him rest in peace and condolences to his family.

While I did not know Mike personally, I did benefit from exchanges with him. My prayers and condolences go out to his family.

I take it you are asking about responding Schedule R, Part I, Line 3 - Number of participants (living or deceased) whose benefits were distributed in a single sum, during the plan year. The instructions say: Line 3. Enter the number of living or deceased participants whose benefits under the plan were distributed during the plan year in the form of a single-sum distribution. For this purpose, a distribution of a participant’s benefits will not fail to be a single-sum distribution merely because, after the date of the distribution, the plan makes a supplemental distribution as a result of earnings or other adjustments made after the date of the single-sum distribution. Note that the language does not limit the time period to the plan year being reported for when the supplemental distribution is made . Based on the instructions, the short answer is Yes. If you like to pursue a nuanced rationalizations and get to a No response, then - particularly if the plan uses full accrual accounting for its financials - the argument would be the distribution was not a single-sum distribution of "benefits under the plan". Then, to be consistent, you would include these individuals in the end of year count on Form 5500 Part II, Line 6(g)(2) as well as on any other relevant lines in Part II, Line 6. I am not aware of any edit criteria for this line item. I do have a bias towards keeping it simple.

Not necessarily. Did plan have provision to allow in-service at 59.5? Even so, the plan still was terminated and that is the event triggering the successor plan rules. Starting a new plan would not be w/o risk, so I would proceed forewarned.

I sadly have to inform this group that Mike Preston unexpectedly passed away Sunday 5/5 from natural causes. He was knowledgeable and generous with his time.

Would need more facts, but generally there is the ability to tell MEP to spin off the part of the MEP for that employer into its own plan sponsored only by employer.

Breakfast will always be chancy without Mike pulling my bacon out of the fire. RIP Mike 🙏

I didn't know Mike, but always respected and benefited from his knowledge and opinions. The Enrolled Actuary at my former place of employment was a PIX member, and Mike's opinions came up in discussion frequently. He'll be missed.

So sorry to hear about Mike. I (Jim Norman) was fortunate enough to be a PIX sysop along with Mike. I learned a lot from him, he was incredibly generous with his knowledge. I also really enjoyed the occasions when we got together. He was one of the good guys. RIP Mike.

So sorry to hear this. He will definitely be missed. Condolences to the family.

My sympathies to Mike's family and friends. He was always someone whose responses I knew I could trust. I always was proud of myself when his response was what I thought might be the correct answer! He will be sorely missed.

Very sorry to hear this. Mike was a really important resource and contributor for a long time and could always be counted on to keep wayward commenters on their toes and in check! But he’d apologize for his sometimes abrupt “online personality” in person. They didn’t make two of him! He will be missed.

So sad - and a huge loss to the profession. Rest in peace brother.

I absolutely learned more than a few things from Mike Preston. He was kind and intelligent, but not in the least bit pretentious. This is sad news indeed...

So very sorry to get this news. Mike Preston was one of my favorite people in the industry. When we both practiced in Southern California, we spoke often, and he was always kind, always patient, always ready to explain to a nonactuary what I needed to know. When I attended actuarial sessions and discussions he led at ASPPA and other conferences, I was always impressed with his knowledge and leadership. My heart goes out to his wife, Linda, and their family. I will miss him!

So sorry to hear this. I go back to PIX days.

Damn.