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I'm not seeing anything specifically on this, so maybe that's my answer, but...

Company with 7 regular full-time employees and 5 full-time union employees.  Are they considered "normally employing" enough people to trigger mandatory automatic enrollment, or do we get to not count the union employees (presuming their retirement benefits are properly subject to their collective bargaining agreement)?  Thanks.

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We've continued to provide the 3% notice even though the requirement has changed.  A typical plan for us is 3% FIXED in the document nonelective safe harbor and profit sharing.  My understanding has been if there is no discretionary match then the notice is not required.  I went to ChatGPT which said it could be required if the safe harbor "interacts" with profit sharing.  The explanation was lacking. I don't know what it means by that,

This is a plan with 350 participants and i didn't want to burden the sponsor with the distribution as it is not distributed by the record keeper.

Thank you

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For a calendar-year DB plan, if the employer makes the 2024 plan year contribution after 9/15/2025 (the 8½-month funding deadline) but before 10/15/2025 (the extended tax return due date), does it still count as a 2024 plan-year contribution under IRC §404(a)(6)?

My understanding is that it should still be deductible for 2024 and but can't be reported on the 2024 Schedule SB/counted as 2024 funding. Am I interpreting §404(a)(6) correctly?

I'm trying to figure out how to maximize owner contributions using the integration method, but I'm not sure how to handle the NHCE allocations. Can anyone have any idea about it?

This 401(k) plan has 4 HCEs — 3 are owners and 1 is an HCE due to compensation. There are 12 NHCEs. The plan uses integration at 5.7%, and the 3 owners are getting different additional Profit Sharing percentages to reach their annual addition limits.Excluding the 5.7% integration, the owners are receiving 6.92%, 9.88%, and 12.93% in extra Profit Sharing.

Now, I’m unsure how much Profit Sharing to give the NHCEs and one HCE beyond the 5.7%. Can I just give all NHCEs 5.7% + the lowest HCE extra (6.92%) = 12.62% and still be compliant? Or is that not allowed?

Also, if anyone has official guidance or Treasury regulations that explain this kind of setup, I’d ready to read more and understand it better

If you have an off-calendar plan (3/1/2025-2/28/2026):

Plan Limit excess:  a High FICA person has $1000 that needs to be redesignated as Roth Catchup as of 2/28/2026, since it is considered a 2026 catchup, can the sponsor correct the w-2 (2027 w-2 has not been created)?

Or would it need to be corrected via 1099?

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A dentist friend has his and his employees' money all invested in group annuity contracts. Although he and his employees get annual statements from the TPA, he is not able to check the balances more frequently. He would like to have a more typical 401(k)/profit-sharing plan where he could invest money in mutual funds. Here are some questions I have:

1. Because there are surrender charges, if he were to surrender those policies and move the funds to a new recordkeeper, would that be considered violating the ERISA fiduciary rules because the participants would take large losses?

2. Assuming that the answer to Q1 is "No", meaning that he is allowed to surrender his policies and does not violate ERISA, how does the new TPA calculate the funds allocated to the owner vs. the rest of his employees? Given that the employees have been receiving the annual statements, there must be a way or a method that the TPA follows to allocate these funds on a participant-level.

There has to be many more questions I should be asking. Unfortunately, I do not know enough to ask the right questions.

In a stock acquisition, often a buyer requires target/seller to terminate target's 401k plan pre-closing. Can a buyer instead choose to terminate its own (buyer's) plan pre-closing and join the target's plan post-closing? Or does this run afoul of the successor employer / alternative defined contribution plan rules?

Disagreement in our office about when the Cares Act and Secure Act amendments must be done. One person saying 12/31/25 and another saying 12/31/26. 

Hello Everyone, We have a group that inadvertently formed a MEWA a few years ago and never filed the Form M1. They are debating to file them late now. Has anyone had any experience in doing this? Has anyone heard of group paying the very high penalty for not filing: $1992 per day late? Any advice would be greatly welcomed. Many thanks! 

For ERISA-governed individual-account retirement plans that provide participant-directed investment, many such plans’ administrators furnish disclosures to follow 29 C.F.R. § 2550.404a-5.

That rule calls one to show specified comparisons of a designated investment alternative’s past-performance returns to those of “an appropriate broad-based securities market index[.]” 29 C.F.R. § 2550.404a-5(d)(1)(iii) https://www.ecfr.gov/current/title-29/part-2550/section-2550.404a-5#p-2550.404a-5(d)(1)(iii).

Although Congress in 2022 directed the Secretary of Labor to “promulgate regulations” about a benchmark one may use when an investment alternative “contains a mix of asset classes”, no such rule has been made or even proposed.

Recognizing that (at least for smaller plans) many recordkeepers and third-party administrators assemble 404a-5 disclosures with little or no guidance from a customer plan administrator, what are service providers using as the benchmark for target-year funds?

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Beginning of Plan Year had 2 participants, 1 owner, and 1 terminated employee.

Terminated employee took a full distribution during the year, so that..

End of the Year has owner only and can now file Form 5500-EZ, except..

Assets are under $250,000.

I think better off the plan files 5500-ez anyway but never encountered this situation before.

I'm just curious if anyone has had a 5500-EZ filer who was required to file electronically because they have at least 10 electronic returns (as my understanding effective 1/1/24)?

Does the IRS actually check this?

I should know this, but......

John owns 13% of company A; 0% of company B

Joe  owns 13% of company A; 0% of company B

ABC company owns 74% of company A; 100% of company B

Does a controlled group exist between Company A and B.  More specifically, can the 401k plans for A and B operate independently of each other?

Thank you