LauraS

A controlled group exists and encompasses six different 401k plans as follows: 1. Traditional safe harbor using safe harbor employer match formula 2. Traditional 401k with its own employer match formula 3. Traditional 401k with its own employer match formula 4. Traditional 401k with its own employer match formula 5. Traditional 401k with its own employer match formula 6. QACA safe harbor using an Enhanced Match formula *The plan count has been paired down as far as it can so combining plans is not an option. I know this is an off the wall question but could #s 1 and 6 intentionally ignore the ADP/ACP testing exemption so the NHCEs from each plan could potentially help the other plans pass ADP/ACP testing and avoid refunds?

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Thank you for everyone's responses - I really appreciate it! Due to the ongoing pressure from the estate attorney and estate beneficiary's financial advisor to pursue the rollover without regard to the plan document, we have sought the advice of an ERISA attorney to ensure that everything is handled correctly.

We had an associate pass away with no designated beneficiary on file for the 401k. Per the order of succession in the plan document, the beneficiary is the associate's estate. The beneficiary of the estate is now wanting to transfer the money into an inherited IRA. Can the transfer to an inherited IRA occur because the beneficiary is an estate? If so, would it have to be setup in the name of the estate or can it be setup in the name of the beneficiary of the estate?