Bri

If it's not an annual addition because of their 415 limit being zero, I'd argue those aren't actual deferrals triggering the THM. (As opposed to an ADP refund)

Are they evicting themselves? Their landlord certainly could do it, but otherwise I'm with justanotheradmin on this one.

Does anyone ever back-fill their designations when ASPPA issues new kinds that are lower-ranking than what one's already attained?

72(t)(2)(A)(iv) probably answers the penalty issue, but whether the annuity can start at any time is more likely a plan document issue.

Track it separately and manually adjust whatever reports you get from RK B?

Ha, I've got the draft all ready to go to everyone, was just kinda curious of how that rule would really be enforced/interpreted (or if it has ever seen in a similar fact pattern). Thanks all!

Sponsor filed 5500-SF in July, so on time. Sponsor could have had the automatic extension due to extended tax return, but didn't need it, and the 5500 doesn't reflect it (after all, why would it, since it was filed on time?) SAR is due 2 months after the 5500 deadline. Can that still be 12/15, or does it have to be 9/30 specifically as a result of not checking the automatic extension box on the 5500? Hmmmm...... --bri

Maybe rate banding works leaving the 9% plus 50 bucks in there?

Someone 25 years ago introduced the concept of "class year vesting" to newbie me, and already as not allowed.

Isn't this just a BRF issue with separate vesting schedules for different groups of employees based on hire date?

Aren't we in the context of a sole proprietorship, though, and the old question as to when one of those "retires"?

You could build a custom Crystal report and select/sort based on the PAYROLL table, then summarize the hours over the SSNUM field while restricting the select field to just the time frame you need. (Or build a formula where the high end of the range is HIREDATE plus a year, something like that.)

I kept it straight by realizing the same new early-eligible people who are dropping the TH ratio from 61% to 59% get absolutely no thanks for it from anyone other than the owners. "You cost us a top heavy minimum even though you weren't qualified to even get it in the first place."

First thought is, why ask the actuary's office rather than the accountant's?

I'm wondering if there's a way to claim MDO as 0% for the NHCEs and just take it all back as an ADP test failure.

"By the way, a lady in a bar told me I had a mistake of face once. No respect!"

Do the other companies have existing 401(k) plans?

I've had an attorney bless its use for the TH minimum. Didn't need a gateway test, though.

Isn't that only if it's using the IRS Model SEP, that it then has to be the exclusive plan for the year?

First question is the plan's allocation formula and requirements to share as indicated in the plan document.

That was a good article, and it went into a lot of the what-ifs with the 415 limits per year....I wish it had addressed what happens if the 2023 SH deposit is indeed made 12/31/24 (as in one of its examples) and it's for someone with a $0 annual additions limit at all for 2024 because they had terminated employment in 2023.

The excess to the rollover contribution has to be corrected with earnings or else it's only partially corrected. Plan's okay, but the IRA wouldn't be.

Peter - I'd say that the "owner/trustee" only realizes there might have been a missed/late payroll deposit when the TPA notices it as part of the year-end reconciliation.

If I've had more than 15 plans in 25+ years where the trustees weren't just the owners or an executive committee (small businesses almost exclusively), I'd be surprised.

First thought was the potential loss of a TH exemption, but if everyone's part time that sounds perhaps unlikely. And the eligibility cutoff doesn't align with who'd you be able to segregate out as otherwise excludable employees for ADP testing purposes.