Lori H

Let me ask this....an employee becomes eligible is employed on the entry date and elects NOT to participate. That participant subsequently terminates and is rehired over 5 years later, do they enter the plan on their date of rehire?

thanks for these helpful replies and the highlighted attachments Tom.

hello a participant, who met eligibility then entered the plan then terminated enters the plan upon their date of rehire. Is there a 5 year break in service rule that says if you terminated employment longer than 5 years you have to meet eligibility again? I think I am confusing that with another reg. thanks

Complete discontinuation of employer contributions is the plan or if there are forfeitures would that not necessarily constitute "complete discontinuance"? If a new participant entered January 1 and the freeze is effective June 1, those new participants would be entitled to any forfeiture reallocation.

Thank you Kevin C.

thank you. But is there a participant notification time frame associated with an esop freeze?

no money purchase. small plan not multi not being acquired or disposed.

What is the notification time table to participants? 60 days before the freeze

a small 10 participant new comparability psp issued a hardship in calendar year 2014 to a rank n file employee, yet the plan does not have a hardship provision. Furthermore, the distribution ($8900) was in excess of her vested account balance ($5550). Is this a SCP filing?

If the Safe Harbor non-elective was rescinded, what was contributed prior to could be used towards Top Heavy minimum?

Ok Thank you

a small plan is looking to save the employer cost. Currently satisfy Safe Harbor using the 3% non-elective. It is permissible to amend and notify participants in advance to change to a safe harbor match mid plan year and still satisfy non-discrimination requirements and Top Heavy, yes?

thank you.

What is the reasoning behind the regs counting a Key employees balance going towards Top Heavy status even after the Key has been paid out? The Key is still employed but is no longer participating.

Is the employees DOH the only allowable entry date? Can it be the first day of the month following the DOH? If the plan excludes employees who normally work less than 20 hours a week, when would employees who work less than 20 hours a week then start working more than 20 hours a week enter the plan?

It's a 501©3, non-govt. related using a custodial contract.

The plan is not subject to ERISA and the document provider is saying that a SPD is not required.

Is a salary reduction only plan required to have a SPD, plan document, etc?

THANK YOU kindly for the Revenue Procedure

Yea it's a mystery to me. It's a prototype plan. it's not a lot of money, but still.

2 NHCEs met eligibility but entered the plan before the entry date. The total deferred was less than $300. I know in the past EPCRS stated you had to amend the plan, which seems ridiculous since amending the plan could potentially cause the plan to include other NHCE's to receive QNECS for missed deferral opportunities. Am I mistaken that you can now refund the ineligible deferral and it becomes taxable to the participant in the plan year it was distributed?

SIMPLE IRA terminated effective 1/1/15. Sponsor starts a Safe Harbor 401(k) effective June 1, 2015, it would be considered "newly established" correct?

I would be interested to reading answers to your inquiry. Can anyone enlighten us? If I am not mistaken you can reduce the match in two of any five years, but does that reduction allow for a match of "0"? Probably not.

yea you would think that with bringing in the plan doc requirements that they would just more closely align 403 with 401(k) regarding reporting requirements.

If a small non-profit starts a 403(b) and has no intention of making employer contributions is it subject to 5500 filing? I looked at 29CFR2510.3-2(f) and I am guessing they are exempt, but wanted to get a second opinion.