Bill Presson

Did you submit the Form 14704 with everything?

Agree with Mike. Require the owner hire an ERISA attorney or walk away.

Correct, much like an excluded class.

If it's a valid waiver, they are not a participant in the plan.

Yes. It's a legitimate plan expense.

Does SECURE allow you to use the business extension for starting a new plan if the business tax year and the plan tax year don't match?

As long as the EIN and plan number are correct, I wouldn't lose sleep whichever way you do it.

Occasionally greater truths are learned on this board.

Depends on the document, though she would usually immediately re-enter. So, RTFD.

Generally you would look at the fund(s) the money was previously invested in.

This is all correct. But, to me anyway, this is the investment advisors job and not the TPA's. All the annuity options galore can be illustrated and explained and sold by the investment advisors. But, because the requirement will end up on the plan, it will slide to us to implement. Exhausting.

Employer should find a way to help this employee outside the plan.

He should have a deferral election form completed

FIS provides updates to the DC termination package all the time. It's available on their website. Use that and you should be good. If you're not sure, you can ask them and they'll help.

Well, that may complicate things. I believe it was an error to not match the amortization to the pay date as that's when the money is actually available. I think Bird is right here.

Typically the compensation is considered earned in the year in which it's paid unless the sponsor is doing true compensation accrual and that almost never happens. So the loan payment was missed in January. The maximum cure period is the last day of the quarter following the quarter in which the payment was missed. So it would be 6/30. I can't imagine how it would ever be 9/30.

Why wouldn't you get that from the orthodontist?

What do you mean by "send in"?

How does he get paid from the PC? Also if he has a PC AND a sole proprietorship, they both likely have to adopt the plan.

The doctor considered himself an independent contractor to his own PC?

No. Can't defer on money already earned and their comp was considered earned on 12/31.

Talk to Penchecks Trust and see if they can offer any help.

Ms Ilene addressed this earlier this year.

There is no way to add a 401(k) for 2020. One cannot defer from compensation already earned. Only DB/CB and PS plans can be created retroactively under the SECURE Act.

If I had to bet, I bet this question arises from a business that might often get asked about E&O or bonding amounts from other businesses. It's not uncommon in those scenarios to hold limits much higher than might be revealed to someone that might eventually be looking to recover in an adversarial relationship.