HC2020

Our interpretation of the CARES/SECURE act enables the adoption of a DB (or CB) plan effective 1/1/2020 as long as it is adopted no later than their tax filing. Does this also apply to a retroactive amendment increasing benefit formula or unfreezing plan? Adopt as late as tax filing rather than the "normal" 2.5 months?

Follow up with different scenario: Combined plans are top heavy (DC on its own is not TH) DC plan: eligible for deferrals 1 month eligible SHNE 1 YOS CB plan: eligible 1 YOS/1,000 hours allocation condition 1,000 hours participants that are eligible to defer but do not enter the CB plan only entitled to 3% top heavy and they do not get SHNE so it has to be allocated as PS. they don’t have to get gateway b/c they are otherwise excludable per statutory eligibility? (assuming the oe group has no HCEs)