Bill Presson

Assuming OP is accurate, what a stupid document.

You should follow what the document says. Likely the forfeitures should have been used in previous years, but can't roll back the clock. So eligible employees likely getting a little bump.

EOB is (or can be) web based as well. We use both.

I'll jump in the deep end: when it is at 99 on the first day of the plan year. But most wouldn't file as a small plan that year if the likelihood is it would be back to a large filer within a year or two. The 80-120 rule is to help avoid audit whiplash.

Agree with MoJo. The only exception might be if they could qualify for QSLOB treatment, but that requires 50+ ees in each and other very stringent items.

Thanks David. Please jump in more often.

It was the same plan, so 001 is correct.

Welcome back, Larry!

Look at the investment statements. It's easy enough to see if the money came out or not. If the company is paying the premium (which I oppose), the best you could do is figure out how to treat that as contributions to the plan. If the only money in the plan is rollover money, then the insurance premium exceeded the incidental limits immediately and the entire premium each year is a taxable distribution. It's treated just like an in-service distribution. Rollover money doesn't count in the incidental calculations. How did the rollover money not exceed $250k? The premiums paid into the policy will have expenses and cost of insurance. Frankly, you've got a mess and people that only know parts of the rules sold this and set it up. You're best bet is to get ERISA counsel involved and see what can be salvaged. What you use as the beginning balance (and it's whatever the value was on 1/1/22) is the very least of the issues here.

If it's safe harbor, why are you even doing ADP/ACP?

Hourly is the way it would need to go. But, you'll want to know up front what the estimate is. They can't give a reasonable estimate until they look at everything to even know what the problems are. That initial review could easily be $2,000-$3,000 just to determine what is broken and how to fix it. Fixing it could easily be twice that much. TPAs historically undercharge for their work so you will likely find someone to do it for less. But if I was going to do it (which I'm not), I would get the review costs up front as a retainer and go from there.

You likely have some issues but I don't know if they are big or not. And there's no way to know without diving in and gathering all of the information. The problem isn't that it's too small of a job. The problem is that it's such a big job and they likely won't get paid for all their time.

They're being silly. Good stuff here: https://www.irs.gov/retirement-plans/verifying-rollover-contributions-to-plans#:~:text=It's not necessary for the,a rollover contribution is valid.

Nevermind. Still don't have all the rules straight in my mind.

Austin, you do realize that removing the auto enroll will just require them to add it back in 2025, right?

If they're using rollover dollars to pay the premium, then it automatically exceeds the incidental limit because rollover dollars aren't included in the calculation. I'm also assuming the premiums are boing paid by the plan although that's not clear.

Yes.

Ha! That's sweet, but I'm senior discount eligible as well. Maybe the 4th was the cutoff date for April mailings.

I submitted April 5th. Nothing yet. Oh well, the current doesn't expire until 9/30/23.

If he wasn't eligible, then he didn't have an MDO. Amend the plan just to allow the PS for him and nothing else.

If you could get them to publish this guidance, it would be appreciated.

The company is the plan sponsor even if the company is a sole proprietor. If it is a sole proprietor they are required to get an EIN if they haven't before. If one person owns both companies, then it's a single employer for retirement plan purposes and doesn't matter what the businesses do.

Thanks for precisely quoting my bad grammar.

I'm just trying to find a reasonable way to make it work. The TPA doesn't have to make the decision. The Employer does (absent 3(16)) as it falls on them.