pensionnube

Hello All, I have a question regarding a Safe Harbor Plan that also happens to have a last day requirment. The plan also has crosstesting thus everyone is in their own rate group. I have a participant that has termed before the year end, and was a participant in the plan throughout the year entitling him to SH. The plan is also maximizing the owners and needs to satisfy gateway requirement. Since the participant is technically not eleigible for the additional 2 % that he needs to satisfy gateway (because he was not employed on the last day), do we have to amend the plan so that he is eligible for PS for the year or is it understood that a participant that has recieved SH can also receive profit sharing to recieve gateway? Please advise.

Hello Guys, I have another question. I am doing an ADP test for a year end 09/30/2014. The only problem is the Owner has died. Now thats not the issue. The issue is he died 01/27/2014 and he only takes comp once a year at year end. The ownership was transferred to his niece shortly after his death which made her a higly. She defers 10% and the populous defers 5.27%. Am i allowed to use him in the test even though he has zero comp? He technically was an owner in the plan year? Please advise

An employer recently purchased another factory in another state. Currently we are within the transition rule period (not sure if it matters). The company that was aquired also has its own 401(k) plan that has yet to adopt the purchisors plan. An employee from the purchasing company is leaving that company to work at the new facility. The plan sponsor wants to term him and give him a rehiredate and consider him as an employee of the other new firm. They want to distribute his assets to the new companys 401(k) plan. In essence he would no longer be an employee of company A but now an employee of company b. Can we do this? Please bare with me i am a nube, if more info is needed i will be happy to oblige.

First time poster, so please bear with me....... This is a calendar year plan. The plan is a hard coded safe harbor. I have a participant that was termed in 2012 and recieved pay 90 days after termination which went into 2013. What confuses me is the employer also withheld 401(k) from this excess monies. My question is: Is she entitled to Safe harbor for 2013? And or included in testing. Can i disregard her all together? Please advise.