Is there a limit to the amount of rollovers a participant can take, using the 60-day window to repay the distribution/roll it into an IRA?  I believe it's limited to one per year, but I just wanted to confirm.

Thank you!

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We're a TPA/recordkeeper who works almost completely in conjunction with 3(38) advisory firms to provide plans. As it stands we don't do anything in regards to investment lineups on the plans, that's chosen exclusively by whatever advisor is the 3(38) on that plan. We're toying with the idea of creating a very stripped-down, basic 401(k) plan to sell as a "plan in a box" of sorts for very small companies unable to afford our standard tier. One of the issues is that such a plan would require an investment lineup, and having an advisor with a bps fee on the plan doesn't seem ideal for this structure.

We absolutely don't want to take on 3(21) / 3(38) liability, which is why we've never thought about this before. However, I've heard recently from some sources that 3(21) responsibility is triggered only if it's plan-specific advice given to a sponsor. Supposedly, I've heard that some record keepers are able to essentially say "here's our standardized fund line-up, you as a sponsor can either adopt it or choose your own funds to use" and in doing so, the plan sponsor remains the fiduciary for 3(21)/3(38) purposes.

Anyone have any further insight on this?

I have seen this issue in another post, however, it did not specifically address an owner only 401k plan.  The employer is a Sub-S Corp with no other employees.   The plan requires 1 year of service, 1000 hours with duel entry dates.  Is there an exception for the owner's spouse to enter the plan without satisfying the service requirement? Or should I amend the plan to eliminate the service requirement and then re-amend it back if and when he hires a new employee.  He is considering a new hire in the next year or two.

Does anyone know what the following means in the PPD document - plan elects a 6 month eligibility (not consecutive and no hours required), elapsed time is not marked but actual hours is marked. The adoption agreement notes that this is passage of time and not elapsed time and no minimum hours of service is required. My question is do you still have to apply the 1000 hour in a 12 month period failsafe? How would any break in service provision work? Thanks!

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Normally, for 2026, the plan would need to be amended to allow the increased limit by 12/31/2025? Has there been any guidance on allowing a later amendment date, due to the fact that the legislation only passed this Summer? I haven't seen anything. Doesn't really matter to me, as I don't do cafeteria plan amendments, but just curious.

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Plan currently has no excluded employees. Client want to "exclude" most ACTIVE part-time employees by Amending the plan to use the "20 hours per week" exclusion.

This idea makes me uncomfortable. Seems more like a violation of "once-in always-in."

And, I also understand the related issue of the 20 hour per week rule being impacted by the LTPT rule.

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Hi 

Thank you as always for all the valuable knowledge and input.

Is there an issue, if amending a 5500 for the current year to have both the 5558 box and the amended box checked off, or don't confuse things and just ck off amended? Thank you.

What is the required time necessary to amend a matching contribution?  Currently it is a mandatory match, but they want to switch it to discretionary (it is not a Safe Harbor Match).

Do they need to give more than 30 days notice?  In other words do they still have time to make the change for 2026?

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