CuseFan

Agree step 1 is to verify how the document specifies the match is calculated - it could say on a per pay period basis but the client could still actually deposits after year-end and vice-versa, where it says calculated at year-end but deposits could be made throughout the year. Regarding amendment - it would be a discretionary amendment and it's too late for 2016, would have had to have been executed by 12/31.

you also satisfy RMDs if you commence an annuity beginning on or before the RBD (i.e., don't need to be concerned with actual amount distributed in the first or subsequent year like in a DC plan)

and of course: BEAT DUKE!

What do you by offset? Included or excluded? if they are part of W-2 compensation then start with the plan's definition of compensation and go from there. IRS website and 401k Answer Book (see below) have good resources in that regard. If not included in W-2, then exclude, but if included in W-2 then the plan's compensation definition will say how to treat. If you use W-2, 3401(a) or one of two 415 pay definitions w/o adjustments then I think you have to include (can't "offset"). Oddly, DOL hour of service rules say you don't have to credit hours for state mandated STD, WC, etc. Compensation Definitions.pdf

these employees would not be statutorily excluded, even if the plan had that exclusion, but that doesn't mean you can't exclude them specifically in document language provided it doesn't create coverage problems. saves the complexity of trying to pay them out later, especially after they've left the country.

yes, i actually did this myself years ago - had to provide a little extra documentation to my rollover custodian that the check from me was for the loan amount being rolled, agree that this must be done within 60 days of the distribution/offset, and that it would be cleaner and easier, but likely slower, to simply repay the loan first. as qdrophile notes, this is different from rolling over the note/debt, which would generally not be permitted - could do a direct rollover or transfer of a loan to another q-plan if both plans allowed for such.

Respectfully disagree Tom. If under the terms of the plan as legally adopted deferrals could have been made, the issues with failing to have the proper administration in place are irrelevant.

As Tom notes, because ABT is what blows up, restructured component plans would need their rate groups to satisfy ratio percentage - so if you have 3 HCEs and 10 NHCEs, you need at least 3 NHCEs with accrual rates higher than your target HCE, and then hopefully the rest should be able to pass on contributions. Also, it might take a targeted contribution (and an 11g amendment) to make that happen. Hindsight of course, but it's always a good idea to look forward and know what HCEs are doing and to communicate to owners that spouse deferrals may need to be limited due to testing and to consult with you to determine what can be supported.

Yes, you have to pay out all benefits first (satisfy liabilities), then the excess (or a portion thereof) may be reverted/transferred to the PSP and placed in an escrow account. To avoid income tax and reversion excise tax, it must be used for the current year and future years' allocations, but you must allocate somewhat equally over a period not longer than 7 years and at least 90% (if I remember correctly) of the active employees of the terminated DB plan must be participants in the PSP. Can 2016 be the first/current year? Maybe, because the DB terminated in 2016 - i don't think IRS would take issue with that - but you would certainly have to start using the excess no later than 2017.