BG5150

Wow! Good thing they now have a new TPA. For poops and giggles, I'd have the client go back to the prior TPA and ask them what the penalty is (and for maybe a cite). Have them say the new TPA doesn't know what they are doing and they want some clarification.

I think that there is no ADP test failure if no one worked more than 1,000 hours ever. They are tested separately. Or, the amount needed to pass the ADP test is zero, because no HCE was part of that excludable group except maybe the first year. Any way to try to convince the service that the intention all along was to have a YOS requirement?

If the other company did not adopt the plan, then why do you think they should have been given the opportunity to defer?

The auditor is coming back and saying that people cannot simultaneously be eligible and not eligible at the same time. They believe since the people are being paid with a pay code of Division C, and Division C's pay is not excluded in definition of compensation, then it should be included for PS.

Do you have an intern? have them do it! PS: I do NOT have an intern.

I think I found it. Under Plan Compensation instead of Total Compensation. Now to just convinced the auditors...CPAs, not IRS.

Plan excludes employees who are part of Division C. Employees of Divisions A & B are included. Compensation for each division is tracked separately, though everything is on one W2. Plans definition of comp is W2, no exclusions. Several people do work for A or B as well as C. Some do work for all three. For profit sharing purposes, can/should we exclude the income from C? Example: He entered the plan in, say 2014, as an employee for Division A. Jim makes $60,000 for 2018. However, $20,000 was for work he did as an employee for Division C. What is his compensation for PS purposes? $60,000 or $40,000?

On what system are you running the tests?

Profit Sharing does not affect the Safe Harbor status of the plan. However, making a PS will remove the Top Heavy exemption due to SH.

0% HCE and 7% NCHE is a pass, no?

If this is a corporation, doesn't the ER have to declare the discretionary match formula each year, similar to a profit sharing contribution?

So, if it's in the Gateway, is it in the general testing? I thought I read somewhere that ADP QNECs are included..

Yes. Particiapant wants full distribution now and will probably retire in June.

Participant does not qualify for a PS (term < 500 hrs). However, plan fails ADP and he's getting a QNEC in lieu of HCE distributions. Does that QNEC trigger a gateway?

Who has been reviewing this plan in the past?

I think I know the answer, but: Participant is age 75, non-owner, still working. She decides to take a full in-service distribution and rolls it to her IRA. In June, she retires. Does she have to remove what should have been her plan-related RMD from the IRA?

I find it odd that people who are eligible for a plan but have no account must get an SAR, but someone who may have been an actual stakeholder for 1, 3, 7, 11 months then cashed out doesn't get one. Especially, if the plan terminates and there is nothing left at all.

What about a plan termination where there are no more employees?

Can you do an amendment giving just the affected folks 100% vesting currently?

Yes they can. I've done it several times in the past.

I don't think the problem would be with the current ee's. Would you have to take into consideration anyone who took distributions (how far back?) who would have be more vested for BRF?

Did you work at least 1,000 hours in many of those years?

They have an employee who (it seems) has discretion as to when to be paid on a W2 and when to be paid on a 1099-Misc. As we know, 1099 income is not allowed for plan purposes. Thing is, he has been ‘deferring’ from his 1099 income throughout most of 2018 and continuing into 2019. (This may have happened in 2017, also) I believe that the 1099 ‘deferrals’ should be considered a Mistake of Fact and the funds should get sent back to the company. In the past, we have only been considering his income and true deferrals from his W2. Using only that compensation, he is definitely a NHCE. However, if we consider his roughly $150k in 1099-MISC income, he is way over the threshold. So, I’m not sure what to do. (A) Send the 1099 deferrals back and leave it as it is. (B) (A) + consider the 1099 income in my testing and make him an HCE (2017 test will probably fail now). (C) Consider both the 1099 income AND deferrals in my test. Your thoughts are appreciated.

Except if the results are bad. Then you expand the selection, it seems.

RBG has it right. If you have problems in your small sample, you pick a bigger sample. So, if you have little or no problems in your small sample, you move on?