R.G.

If a plan currently allows catch up contributions but does not allow roth contributions, does it HAVE TO BE amended BY 12/31/23 to either remove catchup or add roth.

Employer sponsors a welfare benefit plan – the 2018 Form 5500 was filed with code 4R. For 2019 the plan was under 100 participants and a Form 5500 was not filed. The participant count in 2020 was below 100 but the employer was purchased by another company during 2020. Do we need to file a Final form 5500 for 2020?

An employer has over 100 participants and has a stop loss policy for it's health insurance benefit. They received a Schedule C from the insurance carrier. It's my understanding they don't have to complete the Schedule C if there isn't a trust because there aren't any plan assets. Can someone please confirm?

Thanks for the replies. We're struggling to understand why that's the recommendation they are getting from their current provider. This is a prospect for us and we're starting to wonder if there is something wrong with the plan, why else would they recommend handling it that way? We thought the "new" owner would just continue to maintain the plan.

We have come across a prospect who currently has a 401(k) plan with an employer match equal to 50% on the first 4% deferred. They also have a 403(b) plan that they said is used for deferrals of HCEs that want to defer more than 4%. They do this to avoid/limit failure of the ADP test. They are treating the 403(b) as a Non-Erisa plan. This doesn't seem right to me and was hoping to get others' opinions.

An employer maintains a 401(k) plan. On June 1st there is going to be a stock sale in which the change in ownership is going from 60% owner A, 40% owner B to 100% owner A. Owner A is being advised to terminate the current 401(k) plan and after the stock sale start a "new" 401(k) plan. Would this be in violation of the successor plan rule? The employer name and tax id is not changing.

A non-5% owner who is retiring in March 2014 and turn 70 1/2 in June of 2014 would have a required beginning date of April 1, 2015. It's my understanding that the RMD amount would be calculated based on his balance at December 31, 2013. We informed the participant that he could take the first RMD in 2014 or wait and take one by April 2015 and take a 2nd by December 2015. The participant is requesting that, upon retirement, his entire account balance be rolled over to an IRA in 2014 and then he will take the RMD from the IRA by April 2015. I don't think this would be allowed, correct? My hesitation though is that as of the date of retirement he has not turned 70 1/2; would it be possible for him to rollover the value before he turns 70 1/2?

Would the answer be different if the employee's date of hire was Dec. 1st (which was a Sunday) but they didn't report to work until Dec. 2nd?

401k plan with age 21 and no service requirement for employee deferrals. Entry date is first day of the month coinciding or next following date requirement met. If an employee was hired on December 2nd (which was a Monday) would they enter the plan Dec. 2nd or Jan 1st? I am thinking they would enter Dec. 2nd because that was the first business day of the month. Thoughts?