Mike Preston

410b6c?

No, you ask your actuary.

I think it's perfectly reasonable to do what you've done. It might be a good idea to have operating procedures that mimic what you did. And of course disclosure to the participant in advance would be good.

Maybe there's a contract in place that precludes contributions before the last day of the plan year. We don't know the circumstances of years past. Maybe it wasn't an owner only plan and making contributions before the end of the year now that it is an owner only plan brings up nondiscrimination issues. Otherwise I can't see any reason.

Completely inconsistent with W-2.

I don't understand why this question is being asked. A catch-up either exists or doesn't. As stated above, if there are catch-ups in the plan that ends 9/30 then there are fewer if not zero catch-ups in the subsequent stub period.

It is deductible. If you don't believe me have an actuary prepare a formal 404(a) valuation.

Very confusing. Care to try again?

We would do that in a heartbeat.

It was, they are.

Confirmed

There is something particularly seedy about a name that is a homonym for a prestigious institution of higher learning. As evidence look how the op named this thread.

Sounds good. Now can we get the reputation numbers back? I know I can find them in the profiles but I'm lazy.

Well, I guess it has been a long time since I looked at the moderator options. Other than the ability to delete individual posts I can't really find any. No big deal, though, since obviously I haven't made use of them recently. So, while I can mark folks as spammer and delete individual messages, that's about all. I think. :=)

2021

If the plan is not a 401K plan then the post is in the wrong forum.

No filing.

It sure does appear to be nefarious. I can see various reasons for it. None of them benign. The easiest would be a mini denial of service attack. This just renders lots of entries on the main screen of users therefore making the main screen semi-useless. You could also be testing to see if a users rights are automatically upgraded after a certain number of posts. This would require there to be a bug somewhere in the program that they could take advantage of. If David or Lois are paying attention I'm asking for permission to delete these users and others that might pop up as soon as we see them. Have a great weekend.

No, there is no doubt that retroactive adoption is allowable.

In general, a plan sponsor should be able to vary contributions as if they had amended the plan to state what they want to do, without actually amending the plan. But the plan sponsor can't do what is otherwise prohibited. For example, the plan sponsor might feel that only those with service greater than 3 years should share in a given year's contributions. Even if it passes all the discrimination tests because the only participants are NHCE's, the IRS will disqualify the plan.

401(k) participants are considered benefiting whether they defer or not, so the two of you are saying the same thing.

You asked the same question in another thread. I'm locking this one.

If number one then it must revert, yes?

I seem to recall there was a thread dealing with this issue vis-a-vis pbgc premiums. I would have expected the pbgc to exclude these people because everything the pbgc does is essentially on a cash basis rather than accrual. For premium purposes anyway, they have historically wanted you to include only participants with accrued benefits. However, that thread indicated the opposite: that the PBGC would, if necessary, expect an amended filing once the final count was determined. Translating the PBGC's expectation to the form 5500 has no specific merit, of course. But I have always taken the position that they would not be counted. Time will tell. I don't have any cases where this is an issue at the moment. I'd love it if you could find a citation one way or the other.

With a general caveat that we don't know what we're doing with respect to retroactive adoptions and therefore all we can do is good faith compliance, what you describe should work the way you want it to without problem.