MargeM

The regulation refers to the "value of the benefits payable to or on behalf of the restricted employee" so I'd say the measurement takes into account both the partial lump sum and the value of the remainder annuity. This is similar to the situation with a QDRO. You evaluate the two pieces together.

It is possible that the workers are the "employees" of the PEO and that the PEO plan is a single employer plan. But you would then need to look at the leased employee rules to determine when to count the workers as nonexcludables for the A+B controlled group. The benefits provided by the PEO plan would be counted as if provided by A+B. In 414(n), also look for the safe harbor -- looks like you'd fall short on the 20% rule in this case.

No, they have not extended the minimum funding deadline past September 15, 2018.

The Supreme court Heinz decision would say neither 1 or 2 is permitted.

Did he leave an IRA too? Chances are he took the PS money and rolled it over. Unless he had other employment that explains the IRA existence, you may want to assume that's the Lever money. Years ago, a relative died and we ran across a life insurance policy. Luckily, the insurer was still in business and was able to confirm that the policy had long ago been cashed out. Do your heirs a favor and leave a paper trail with notes about which policies and assets are still valid. Write a note on account statements when you close them down. Better yet, have a conversation and make a list of active accounts. Don't leave it to guesswork!

IMHO, the form of the allocation and how it is stated is irrelevant and this is just fine. But for the cautious who think they need a general test, note that you can do a general test on dollar amounts: "(c)General test for nondiscrimination in amount of contributions - (1)General rule. The employer contributions allocated under a defined contribution plan are nondiscriminatory in amount for a plan year if each rate group under the plan satisfies section 410(b). For purposes of this paragraph (c), a rate group exists under a plan for each HCE and consists of the HCE and all other employees in the plan (both HCEs and N HCEs) who have an allocation rate greater than or equal to the HCE's allocation rate. Thus, an employee is in the rate group for each HCE who has an allocation rate less than or equal to the employee's allocation rate. (2)Determination of allocation rates - (i)General rule. The allocation rate for an employee for a plan year equals the sum of the allocations to the employee's account for the plan year, expressed either as a percentage of plan year compensation or as a dollar amount."