BG5150

Deferrals are 3 month wait, but SHM is one year. But are they still subject to the TH even though everyone in the plan has been eligible for SHM since 2020? (No new EEs in the interim.)

I didn't even realize 5 yr cliff vesting was allowed in 401k plans any more.

Plan has dual eligibility for deferrals and SH Match. I understand that removes the Top Heavy 'pass' plans often get. The Plan has like 10 participants, everyone has been there several years. Plan is 80% TH. Are they subject to the TH minimum every year? Or is it just for years where there is someone new and they are not eligible for the SH Match? (We have since amended the Plan to have the same eligibility for SH as deferrals.)

Actually, I believe the deposit date for a 2024 415 contribution was 10/15/25. Anything after than is considered 415 in the year of deposit. usually not a big deal. Unless there are HCEs maxing PS.

If Remember correctly, the SH must be deposited no later than 12 months after the plan year. So if the PY is 2024, then 12/31/25 was the deadline.

Don't forget, the deposit will be considered 415 contribution for 2026 for the participants. IMHO the DOL calculator should on be used for VFCP filings.

Basically, by 'forfeiting' these funds, the ER is basically taking them for use later for the plan. Either by reducing their own fee obligation or offsetting their contribution obligation or adding to the contribution. Side question: who gets the benefit of the fee(s)? Often there are two fees, one for the TPA to review the transaction and one for the record keeper to process the distribution. If the amount does rise to the Toal of one or both of the fees, who is first in the hierarchy: TPA or R/K?

In this case "OP" stands for 'Original Post' (sometimes it refers to the 'Original Poster').

Where in the plan doc does it say you are allowed to forfeit the funds instead of paying them out (even if it's all going to fees)? Why should the employer get use of those vested funds?

Side note: Is this a really big plan? $100k in forfs seems like a lot. Disclosure: I deal with mostly small(er) plans.

No need for a(4) testing as the integrated formula is a design-based safe harbor.

Ask your document provider. That's what their help desk is for. I rely on ours a lot.

That's what I thought. Bur I also read something about if the plan has a discretionary match or something... Where's a good place to see all these rules in one place?

Are there any good resources on adding Safe Harbor to a plan mid-year (now)? I was trying to wad through the EOB and ERISApedia, but I didn't find anything right away. I figured someone here may know where the (current, updated) timing rules are, thus saving me some time and effort... Thanks in advance...

My view, and non-reply, are because I only have a handful of Fidelity clients. (Side note: I'm not a big fan of their product. I find the website clunky and their insistence on using their own document off-putting. Maybe it's only in the products we are servicing and other Fidelity lines are more user friendly?) [edited for poor spelling and punctuation..]

Question: A participant of a company dies, and their life insurance premiums have been paid by employer contributions. The life insurance company can only make the check out to "The Trustee of the ABC Company 401K." Can the employer deposit the check to trust at the record keeper and, from there, allocate the funds to the deceased participant account? Or how else does this get done? I have very little experience with life insurance contracts in 401(k) plans, and this might be the first time I've ever had one pay out.

Yes. Because the first plan does not pass coverage on its own.

FWIW: I agree.

Why would I mark it 'final'?

They don't know any better? They think they are giving their EEs a fair choice? Bad advice? Or they truly have a valued Employee who, for perhaps religious reasons, do not want to be invested in interest bearing investments? Or, they have Employees who would lose SSI benefits if they get any sort of allocation to the plan?

Two S-corp owners: the only thing on their W2 was the S-Corp Health Insurance. Does that count for plan comp, or do we exclude it and they have zero comp for the year?

Turns out, it may be an S-corp....

We use an FTW doc, and it's an option in the Adoption Agreement. But, has anyone seen any legals cases where, when the plan failed coverage and was forced to include someone who had opted out and the person sued?

Good point.

And I would ask what exactly the DOL told her, and if she could provide some sort of cite. Maybe you could call the DOL and ask.