30Rock

Thank you, Peter. The comments on whether they could be union employees or some method to consider them terminated is worth pursuing for sure. In terms of an annual hours condition, unfortunately, they would not meet the 1000 hours criteria and thus they would still count against the plan in coverage testing as they are eligible but not benefitting. I do not believe any of them work 1000 hours. The match is the concern because the adjunct represent 56% of the non-highly compensated population. Thanks!

Company A has a SIMPLE IRA and is purchased in a stock sale by Company B that has a 403b plan. Can the SIMPLE IRA be terminated mid year due to the acquisition so the employees can participate in the 403b plan of the buyer? Thanks!

I have an interesting situation. A non-governmental university has an ERISA 403b plan, where they allow the adjunct professors to defer but exclude them from the match, and from automatic enrollment. As of the last couple years the number of these part time adjuncts are exceeding the number of full-time employees resulting in 410(b) ratio percentage test failure. They are still passing coverage on the basis of the ABT but not by a large margin. Thus, we are trying to help find solutions so the testing does not get worse. Some years the adjuncts are on call and they receive no W2 pay, but it appears they still have to be included in the coverage test. Some adjuncts do on line courses now and some teach very highly specialized subject so that they cannot give more classes to each adjunct and reduce the number of adjuncts. They also cannot turn them into independent contractors. Trying to find ways to help them pass coverage without including them in the match - do we have to include individuals with no W2? I think so if the employment relationship has not been terminated; what if the plan auto enrolls the adjuncts? This will help with the ABT test. Another solution - remove some HCE's, maybe set up a non-qualified 457b plan if they are key employees. Any other thoughts? Maybe some of you have seen this before. Thanks!

Yes I agree and I’m glad you shared this. Thank you!

Going into a rebid where another vendor is showing off what they can do with special vesting. I do not really like it but need to explore options. This is healthcare industry, they are competing for nurses and healthcare workers who come and go. Need to provide incentives to keep them. It looks like we could add a special non-elective contribution for this job class (the plan has a match), and it would be nice to show case we can offer accelerated vesting for this group. Just ideas right now to be address client needs. thanks!

A 401k plan has a 4 year graded vesting for all employees. The question is can they have a different more generous schedule for a certain job class, for example nurses. There are HCE's and NHCE's in the nurse job class. Will this require BRF testing? Thank you!

It was stock - board control in the tax exempt world. So buyer treated as the new owner - not an asset purchase. I agree with what you are saying above and appreciate the tips etc. I will pass on to the sponsor. Thank you!

403b plan - calendar plan year has a payroll based match but the plan document allows a discretionary true up at year end. Question - can we amend the plan at this point in 2025 to add a last day requirement? Or does the last day need to be added 1/1/26? 😊 Thank you!

Any advice for an employer/plan sponsor that says they don’t have records for certain rehires of a company they acquired a few years ago. So for example they hire an employee who says I used to work here - but employer cannot find records of prior work history to determine if they completed service for vesting - they have a 5 year schedule.The HR contact did mention there are boxes of hard copy data that I guess would be very hard to sort through. Employee does not have a current account balance in the plan. Can the employer be required to provide W2 or information of prior employment or any plan benefit information? Thanks!

Yes correct we are conducting ACP and BRF. One final question on this tier - I realize it requires careful plan drafting but I just want to make sure there is not a disguised service condition or ERISA violation. So, plan has a one-year eligibility requirement of 1000 hours in the anniversary year, then switch to plan year. Plan Match tier is 1-7 years 25% up to 4%. A Year of Service for purposes of the match is the completion of 1000 hours. Employee is hired on 7/1/24 and completes 1000 hours on 6/30/25 and enters the plan on the 7/4/25 payroll. Employee does not complete 1000 hours in 2024 but completes 1000 hours in 2025 on 11/1/25. Plan administrator states they give credit for 1 year of match on 12/31/25, but do not start the match until the first payroll beginning on or after 1/1/16. Is this an issue? Participant completes 1000 hours in the eligibility period and enters the plan and completes 1000 hours in 2025, yet no match until 2026. Is this just a matter of drafting the plan properly or is there an ERISA violation?

Our plan document attorney confirmed this week that 457b top hat tax exempt SECURE 2.0 amendment is due 12/31/25, it was not extended.

Yes I agree. This tiered formula is more complex than I thought, and I see the need for very clear document language so the tiers can be properly administered. Thank you so much for your help!

I was re-reading your comment above. The match is annual but does not have a 1000 allocation requirement. So it can be funded per payroll with a true up at year end. The movement on the tier is based on whether you complete 1000 hours in a plan year. So I could receive a match each pay period but at year end if I did not complete 1000 hours then I do not accrue a year of service for purposes of gaining another tier. So I stay on my prior tier. There is no pre funding issue. Agree?

So looking at 2024 plan year only, when does the tier 1 match start or accrue - 12/31 or as of the date they complete 1000 hours? Let’s say this employee completes 1000 hours on 9/15/24 and is deferring. It’s an annual match but funded per payroll then a true up is done at year end.

Let’s say he enters the plan on June 28 but does not have 1000 hours until 9/15. The plan administration is to credit the tiers on each 12/31 so that on 1/1 the person starts the match at tier 1. I think it would be too complex to credit each newly eligible at various times in the plan year when they happen. To hit 1000 hours. And the plan uses annual based compensation but funds it more frequently. It sounds like maybe this person is due a true up at year end? Would a better design be to have tier 1 start at 0 years, or use anniversary years to determine at least for the first tier 1? Thanks!

Sounds good thank you!

Is there a violation of minimum participation rules here, or is there additional testing required with the following plan design? An ERISA 401k calendar year plan has 1 year of service/1000 hours for eligibility (anniversary year then switch to plan year) and a tiered year of service match formula with tier 1 drafted as follows 1- 7 years 25% match (8-14 years 50% etc), and Year of Service for the match formula defined as 1000 hours in the Plan Year (in practice credited at year end), are there any minimum service/participation concerns under ERISA? Example employee completes eligibility on June 26, 2024, with an entry date of June 28, but is not credited with 1000 hours of service in 2024 until 12/31 and then 1/1/26 receives the first match. Seems a plan design flaw but trying to determine exactly what the issue is? Appreciate your thoughts!

If an HCE participates in plan A and plan B which are in a controlled group and has Compensation of $200,000 in each plan and a 2% employer contribution, how much gets allocated to each plan account? I realize that for 2025 the 401(a)(17) compensation cap is $350,000 so it appears the maximum contribution should be $7000 across the 2 plans? Does one plan allocate $4000 and the other $3000? Thanks!

401k plan adopts a QACA and uses the LTPT exclusion for deferrals, and they will not be eligible for the safe harbor contribution. Once the LTPT has become eligible to defer, are they subject to the auto enrollment rules or can the plan be drafted to exclude this LTPT group in a QACA? This is a pre-enactment plan not subject to the 2025 mandate. Thanks!

Calendar year 401k plan has a discretionary annual match with a last day allocation condition and DDR waivers, does not have 1000 hour allocation. Client would like to change mid-year to a payroll based match - when we amend the plan to remove the last day and add payroll period (not sure if it is retroactive or prospective) but do we need to protect the DDR waiver group? Technically since last day has not been met nothing has accrued. Thanks!

By governmental I do not mean the federal government. It is a healthcare plan funded/controlled by the local state municipality. It is not 501(c)(3) - they have a 401(a) plan and a governmental 457b plan. The 401a allows partial lump sum and installments, but not lump sum. I just thought that was strange. They are deconverting to the recordkeeper I work for. That's all really,

So possibly the current recordkeeper set the plan up this way on purpose to force annuity payouts. We are taking this plan over, and I just noticed this unusual provision. Thanks!

I guess what I was questioning is that there will be no ability for a rollover of the entire account balance? Just period rollovers of certain partial payments or installments of less than 10 years?

What are the consequences if a Gov. 401(a) plan has only partial lump sum and installments as distribution options for terminated employees? I assume no ability to roll their account balance out of the plan? Thanks!

Thank you!