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    Director of National Accounts and Partnership Sales- Retirement Plans

    BenefitsLink
    By BenefitsLink,
    for Ameritas (Remote / Lincoln NE)

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    Account and Client Manager - Retirement Plans

    BenefitsLink
    By BenefitsLink,

    Compliance Analyst

    BenefitsLink
    By BenefitsLink,
    for Ubiquity Retirement + Savings (Remote)

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    Independent Contractor turned Employee

    ejohnke
    By ejohnke,

    We have an owner only plan that recently went through a Department of Labor and Employment Unemployment Insurance Employer Services Audit in 2025. The audit was for 2023. It was determined that the 1 Independent Contractor was actually an employee. The client paid the necessary taxes and began treating them as an employee for the remainder of 2025. So for 2025, the Independent Contractor turned employee received both a 1099 and a W-2. Is it reasonable for the client to list the employee's hire date as the audit close date since this is when the employee began receiving W-2 wages? 


    Employee Benefits Attorney

    BenefitsLink
    By BenefitsLink,
    for Reid & Riege PC (Hartford CT / Hybrid)

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    Mid year amendment to safe harbor plan

    30Rock
    By 30Rock,

    Hello - just wanted some clarification on this issue. A current safe harbor plan provides for an enhanced safe harbor match of 4% and use a payroll computation period. Sponsor wants to increase it this year to 5%. What are the mid year requirements - 30 day  notice, the increase must be retroactive to 1/1/26, can the plan do a true up match retro to 1/1 and then continue with the payroll match going forward, or does the match computation period have to change to annual for the remainder of the 2026 plan year? I appreciate your thoughts!


    Director of Total Rewards

    BenefitsLink
    By BenefitsLink,
    for Michigan State University (East Lansing MI / Hybrid)

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    2 separate DB Plans

    SSRRS
    By SSRRS,

    Hi,

    Two corps are a controlled group. Therfore, one DB plan can be opened that will cover both entities. Can the following be done instead?

    For easier record keeping, etc. Open a DB for each entity and cover each entity separately. The owners (Hcs) are not getting above the 415 as they are covered only in one plan and the employees of each entity are all properly included.  Thank you.


    Deemed Roth Elections and Inadvertent Catch-up

    constance_james
    By constance_james,

    There has been some back and forth regarding the Deemed Roth Election and how it interacts with a participant’s affirmative election not to make Roth catch‑up contributions.   Our understanding is that the Deemed Roth Election is an administrative option that can be applied when a participant has not made an active election, allowing the plan to automatically designate catch‑up contributions as Roth.

    If a plan fails ADP and a portion of the excess deferrals is recharacterized as catch‑up contributions, how should Roth treatment be determined?  Specifically, does the participant’s prior affirmative election not to make Roth catch‑up contributions override the Deemed Roth Election?  Or would the participant need to make an election at the time the catch‑up amount is calculated to determine whether it should be treated as Roth (assuming the contribution was originally pre‑tax and exceeds $250)?

    Ultimately, we are trying to understand whether this introduces an additional tracking requirement—namely, whether a participant has made an affirmative election—before a plan administrator can rely on the Deemed Roth Election.

     

     


    Client Relationship Consultant

    BenefitsLink
    By BenefitsLink,
    for FuturePlan, by Ascensus (Remote)

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    Retirement Plan Compliance Analyst

    BenefitsLink
    By BenefitsLink,
    for FuturePlan, by Ascensus (Remote)

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    Maternity Leave & Last Day Contribution Requirement

    metsfan026
    By metsfan026,

    I'm 99% sure I know the answer, but I wanted to be 100% sure.  If a participant is on maternity leave at the end of the year, are they still considered employed on the last day of the Plan Year in order to be eligible for a Profit Sharing contribution (the participant had worked over 1,000 hours prior to going out on leave)?

    Thanks in advance!


    Retirement Client Consultant

    BenefitsLink
    By BenefitsLink,
    for Leading Retirement Solutions (Remote)

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    403(b) Deferral in New Jersey

    Patricia Neal Jensen
    By Patricia Neal Jensen,

    Plan Sponsor adopting new 403(b) plan and has a New Jersey Employee.  The Employee has discovered that 403(b) deferrals are not pre-tax in New Jersey (Pre-Tax Federal but not NJ taxes).  What can be done for this employee?


    Financial Services - Sales Executive

    BenefitsLink
    By BenefitsLink,
    for The Entrust Group (Remote / TX)

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    Financial Services - Sales Executive

    BenefitsLink
    By BenefitsLink,
    for The Entrust Group (Remote / NJ / PA)

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    Financial Services – Sales Executive

    BenefitsLink
    By BenefitsLink,
    for The Entrust Group (Remote / NJ / PA)

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    Missed Match - Included in Testing?

    Vlad401k
    By Vlad401k,

    A participant had a Missed Deferral Opportunity in 2025. There were missed match contributions associated with the Missed Deferral Opportunity.

     

    Should the Missed Match be included in Compliance Testing?

     

    Thanks.


    CDHP Consultant

    BenefitsLink
    By BenefitsLink,
    for BPAS (Remote / Houston TX / NY / WA / Hybrid)

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    Partnership - S Corps as Partners

    Numbers789
    By Numbers789,

    I've been receiving mixed opinions on this topic. Working with a medical practice. The practice is a partnership where the employees are paid. The partners of the practice are each of the doctors' S Corps. The S Corps are adopting employers of the plan. The doctors don't receive any W2 income from the partnership. K1s are issued to each S Corp. In turn, each S Corp issues a W2 and K1 to the owner. The plan administrator is stating that they will consider both the W2 and K1 issued by the S Corps as compensation for retirement plan calculations. I was under the impression that you can only use W2 compensation when looking at a S Corp but apparently the partnership overrides that rule? Thoughts?  


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