BG5150

From EPCRS, failure to implement instructions for partial year. (spacing added) Appendix B, Section 2.02 (1) (a) (ii) (B) (2)

Appendix B, Section 2.02 has the correction for partial year.

You can't integrate SH.

What is a "DC Non=Represented plan"?

I don't think 1099 income can be used for retirement plan purposes.

What about a 411(g) amendment. Aren't those usually arbitrary and against normal plan allocations?

Yes. If the participant (account from whom the QDRO came) is counted, too. If the participant is considered a former employee, then no.

You got it, Lou.

Remember, the SH isn't a "just in case" provision. It was an amendment to the plan to provide it. Failure to do so results in an operational failure. If you want somewhat of a just in case provision, you could go with a wait and see (some times called contingent or SH with follow-up) non-elective. This way, you could do mid-year testing, and if you are passing handily, you could just send out the "we're not gonna do SH this year" notice.

I'd just self-correct and move on. (I would, however, adjust that $109 with earnings from when the original refund was done).

Were there assets?

EPCRS Sec. 6.06 (4) Bolded seems relevant.

Maybe the get together in a couple of weeks will shed some more light. Maybe.

Automatic escalators only apply to those who are auto-enrolled. Once a participant makes an affirmative election on his or her deferral, they are then out of the auto deferral group and should not be automatically increased.

Is changing the loan program an amendment? Or is it more of an administrative procedures thing? I know all participants must get SPDs/SMMs, but who has to get the loan program? Everyone, or just people who ask for it?

Any good write-ups on using rate banding when allocating a profit sharing. I'm kinda hazy on the topic. One of my plans magically passes testing when I check that little box in Relius. Otherwise it fails.

I don't see anything in EPCRS that says "this only applies to non-owners."

Because no one accrues the right to an employer contribution until 12/31 (in this case), you aren't applying it retroactively, but prospectively to the end of the year. Just make sure the plan can be amended in that way. (Can you have such an allocation on a standardized prototype?)

Amend to use grouping method, everyone in own group. Or Owner and everyone else, etc. And just give the owner nothing. Automatically passes testing, as no HCE benefits.

But may instead be filed on an SF with abbreviated reporting requirements.

What are the allocation conditions as it stands now? Is there a last day rule?

Who wrote your document? Ask them.

Though, if the assets are with a big carrier, there usually is a place on the distribution form to elect more withholding, and we generally accept that as a W-4P Equivalent. We also added a similar line to our distribution forms (for participants in pooled accounts). I rarely give out any W-4Ps.

Is the funding structure of the plan really wacky? If not, I'd just assume keep filing SOMETHING, because, like Bird said, someone is gonna get a letter in a year or two asking where the 5500 is. What's it take, maybe 2 minutes to fill in an EZ and 46 cents to mail it?

I've seen 100% withholding at the participant's request.