hileman

Top Heavy requirement says employed on last day is this waived if you are not employed on last day due to death or retirement? doc waives LDR on all contributions due to death, disability, retirement but I do not know if this applies to a top heavy minimum.

Plan year is 7/1/19 - 6/30/20 hce defers on pay date 12/15/2019 $25,000.00 nothing else deferred in the 2019 calendar year hce defers on pay date 1/15/2020 $26,000.00 nothing else deferred in the 2020 calendar year is my adp test for plan year ending 6/30/2020 going to show deferrals of $51,000.00 of deferrals? or will it show $38,500.00 deferrals because 2019 is less $6000 catchup and 2020 is less $6500 catchup? thank you

I have a non spouse beneficiary. did not start taking payments so he is on the 5 year clock to have the monies out. No response and cannot verify a good address since it has to be out of the plan in 5 years, can it be forced to an IRA? or, can it be forced to the state unclaimed funds? cannot find any real guidance on this situation

3 Plans that must be aggregated for testing. all 3 plan are safe harbor match. 1 plan with most of the HCE is immediate entry for SHMC. the other 2 plans are 21, 1year and dual entry for SHMC the regs say for SHMC to satisfy the adp/acp testing, the "rate" cannot be greater for the HCE than non-highly. If my highly are getting it immediately and non-highly have to wait a year and dual entry in the other plans, am I required to run adp? acp? both

I have a plan with 3 partners and a few nhce 3% flexable SH to all ee's. Plan does not exclude HCE from the safe harbor. Plan is Top Heavy they would like to exclude one partner from receiving the safe harbor. Can you exclude one HCE/Owner from receiving safe harbor in a board resolution and still have safe harbor status?

This is a new controlled group (ownership changed in 2016) I can't seem to find any guidance on what you do with controlled groups that have different eligibility requirements but must be aggregated because they couldn't each pass coverage on their own excluding the other group. must your eligibility be the same to aggregate? if they are not the same, do you test coverage aggregated using the requirements of the plan that has lesser service? ie, aggregate as if both groups are immediate eligibility even though co b really has 1 year of service? any help or direction is greatly appreciated

if you have a controlled group. plan a has no service requirements immediate eligibility deferral and safe harbor match. Group b has 1 year of service and monthly entry. The plans must be aggregated to pass coverage and we have to test on statutory exclusions The plans are not top heavy single or aggregated Is the plan really satisfying safe harbor? it seems like there would be a problem if one group is immediately eligible to defer and receive shmc when the other group has to wait 1 year and dual entry Are there any additional testing requirements that are needed when you have a controlled group and vastly different eligibility requirements?

Thank you as a follow up.... using the 255,769.18 compensation for the adp/acp would his comp exclusion be 255,769.18/265,000 for 96.52% or would is comp exclusion be 100% thanks

Plan excludes several forms of compensation. ADP/ACP is tested on gross less exclusions HCE has total gross comp of 270,143.14. 14,373.96 is excluded do you 1. use limit of 265,000 less 14,373.96 excluded and test on 250,626.04 2. use 270,143.14 less 14,373.96 excluded and test on 255,769.18 3 use 265,000 less a prorated exclusion of 9230.82 (14,373.96 less 5143.14 diff between 265000 & actual) and test on 255,769.18 or, is there another correct option that I am not aware of.