Jim Chad

Agree with Bird. Definitely would not give them the match.

Thank you. I see the option is in this document.

ftwilliams volume submitter - Adoption agreement says match Safe Harbor is per payroll and employer wants us to calculate a true up. Is this legal?

Suggest the "maybe safe harbor"?

There is a match and it fails ACP.

Can anyone tell me a reason for choosing ADP Safe Harbor only in the Adoption Agreement? Why wouldn't you always choose ADP and ACP Safe Harbor?

You are required to do what the says. If the plan excludes bonuses, you may not count them. If the plan includes bonuses in comp, you have to use them. I would suggest you talk to a Third Party Administartor or ERISA counsel to find the legal way to correct this. Common sense is not enough. You need to obey the letter of the law as well as the spirit. of the law.

How solid a requirement is the notice 30 days before start? Is best efforts good enough?

This is a partnership. Line 14 says "Self Employment earnings" 14A has $120,000 and 14C has just over one million dollars For 401(K) comp what lines on the K-1 do I use?

What does line 14C on a k-1 refer to?

If the document does not exclude union employees from eligibility, can the union employees be excluded from testing . The other company in the controlled group has union employees.

Thank you Tom. I knew that was true for 401a. But I could not remember if it was true for ADP/ACP

2 plans with common ownership, have a different match. For ADP and ACP, one is prior year and one is current year. Can we voluntarily combine the plans for just coverage?

I have not been able to figure out what happened to the old company. But it seems to have gone out of business and the assets acquired by another bigger company. Small company's plan was merged into big company's plan. Is big company responsible for final 5500. etc of small company's plan?

IMNTBHO Simple IRA plans are basically IRA plans. So each year stands alone. If you start a 401(k) plan, you will disqualify the SIMPLE plan for 2018 and all contributions (none?) are taxable. I have done this when the only contributions were January deferrals.

If it is legal, (meaning you have crossed every t and dotted every i), it is legal.

A plan has last day requirement for Discretionary nonelective. If an employee becomes an agency temp midyear, is he employed on the last day? I believe the answer is no. But I am not certain. Am I missing anything? What has me doubting myself is the fact that we count hours as a temp when the person becomes a full time employee.

The regulations say that a notice is required to be sent to the Participant. Does anyone have a sample notice they would be willing to share?

I found in EPCRS where the reduced QNECs do apply for missed election forms. but I did get a surprise. This is only for Roth and Pretax. It does not apply to Voluntary Aftertax.

We now have reduced QNECs required when a Participant is not given the opportunity to defer. Does this apply when an election form is misplaced?

Agree with Mike.

Vesting, 1000 hour and last day requirements are sometimes waived for Disability. But I can't imagine this being called a disability benefit.

Or ask him if he will defer 90% of pay

Maybe give him more to help testing......

ERISAAPPLE, you are correct in what you said. But I am looking at a slightly different scenario. For eligibility, we cannot exclude past service, even after a 5 year break, if the Participant ever had a vested balance of any amount. We can exclude rollover accounts from this. I am looking at what else can we exclude.