Jim Chad

Yes, it is legal to have the plan pay TPA fees. Is it in the document?

Can anyone tell me how many tax laws have been passed in the last 6 years?

I have a new twist on holding out part-timers until they actually complete a year of service. This employer would like to have a 30 day wait for managers and 1 year wait for everyone else. Everyone involved are NHCEs. What do you think. Could this be legal?

I feel sorry for this lady so I am trying a long shot. Would anyone consider a washing machine and dryer for a Hardship withdrawal? The Plan doc says safe harbor rules?

Would a service online be able to get you a copy of the 5500 Schedule SSA that would tell the amount he is due?

FWIW I would think this would violate the rule of the SIMPLE being the only Plan.

Looking at PPA restatements, I am thinking about my default being to allow rollover-in-kind. Has anyone ever had any problems with this?

Does anyone have a form they would be willing to share: that is for an employee to sign certifying that the money he is rolling into the 401(k) plan comes from an eligible source?

When adding Safe Harbor to a 401(k) Plan, the first plan year has to be 12 months long. Is there a similar rule when adding Coda to a Profit Sharing Plan? I do mean Coda with a Safe Harbor.

Also, with a SARSEP, remember to check the 50% Participation rule.

I would not call it special testing. The ADP test must be passed every year. It is possible that the test becomes more complicated.

I like Millennium Trust

FWIW I think yes and yes.

That sounds like your best bet , to me.

Doesn't the first day of a plan year have to be an entry date?

This seems like a really bad idea to me. FWIW

Maybe the employer wants to define hardship to include car purchase. I think for loans, hardship is defined the way loan policy defines it rather than IRS.

Does this mean that in a Safe Harbor Plan someone could defer $17,500 pretax and $20,000 after tax voluntary and convert the $20,000 to Roth every year?

Do voluntary aftertax contributions count toward 402(g) limit? Can they be converted to Roth?

Part of it might be taxable. But he has some basis in that account and it would only be gains that are taxable.

You might want to leave it in and convert it to Roth

Agree with Bird on both counts.

When an investment adviser says they do all of their 401(k) plans "open architechture", what do they mean?

Can he borrow $50,000 from his other 401(k) and roll that to an IRA?

FWIW I think the employer handled this properly. As soon as it was known that they were over the 100 employee limit, (after the grace period) they terminated the plan. When terminating because the employer has become ineligible, no prior notice is required. And yes they are required to terminate mid year. See Rev. Proc. 2013-12