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If you elect the 4% SF nonelective up to the last day of the following plan year, you are a SF for the year. So if that is the only employer contribution you are deemed not top-heavy. Though you would need to make it to all eligible (though I believe you can exclude HCEs still), not just the deferring because you can't add a retroactive SF match.

I would recommend everyone lawyer up and walk away like a dealer at a blackjack table.

It depends on what the PsOA and plan documents provide. Who or what do you think you represent or answer to? Any interested (directly or indirectly) fiduciary needs to ask if they need to engage an independent fiduciary. And what Bill Presson said. EDIT: Replaced “interested” with “independent”

@KaJay Sorry, I missed that on your update. @Artie M Has been years for me as well. I don't believe it is ever a 402g failure, but a 415 failure. As to whether the special $10,000 can be a combination of EE deferral and ER contributions I do not know. If it can, then there is no 415 violation. If it cannot, then the excess 415 limit is the roth deferral over $2,633 as the tax person suggested. I believe 415 limit excess must be refunded by the December 31 following the plan year, so you would have until December 31, 2025.

Of plans that provide a default investment intended as a qualified default investment alternative, many provide only a permanent QDIA, but some provide a time-limited temporary QDIA, “designed to preserve principal[.]” 29 C.F.R. § 2550.404c-5(e)(4)(iv)(A) https://www.ecfr.gov/current/title-29/part-2550/section-2550.404c-5#p-2550.404c-5(e)(4)(iv)(A). Some plan sponsors choose this so a defaulted-in participant who claims an early-out permissible withdrawal (if the plan provides it) would not suffer a principal loss on the investment. After an initial period runs out, the QDIA becomes the permanent QDIA. This is a plan sponsor’s plan-design choice; but it might be influenced by a service provider’s preference or service condition.

No. Deposit now and deduct in the next year.

Well, you have a pretty good guess. 😉