Just Tri

The document currently does not allow for either. I agree that you would get a different result if it did. Thank you both.

Plan has never contained after-tax not employer match provisions. Plan is adding an after-tax provision. Plan may add a discretionary match, but it won't be used in 2025. I think plan should still be able to use prior year testing and assume an NHCE rate of 3%. Is that correct? My only pause is that there won't actually be a match in 2025, just the after-tax. Thank you for any guidance.

Plan sponsor files form 5500-EZ in October. Plan sponsor thought an extension was filed, but IRS has sent Notice CP-220 assessing a penalty. Can plan sponsor still use the IRS Penalty Relief Program and pay the $500? Notice CP 283 has not been received, but the 5500-EZ was actually filed.

Generally if a balance is under $200 the participant can just be forced out without prior notice, but If the auto rollover provision all the way down to $0 then I assume that participants with balances of less than $200 would have to be notified first. Is that correct? Thank you for any guidance.

This is probably been discussed before and I am just not finding what I want. Plan has a 25% match on deferrals, but the first 3% aren't matched. I should know this, but I've never seen that formula. My understanding is that participants not deferring 3% would still count as benefitting for 410(b) and also count in ACP test. I think to test for BRF also. Is that correct and if so do I include those who do not contribute anything as non-benefitting? Thanks for any guidance.

Would employee's HSA contributions withheld from paychecks be a safe harbor exclusion? I don't think so, but maybe I am missing it. Thanks for any guidance.

Thank you both.

That was the first question. Thank you for your response. I think that if the document provided for the offset amount to be subject to the vesting schedule then it would be permissible subject to annualization, but I think the document has to specifically provide it. I don't think the annualization is automatic. Thanks

A couple of questions: 1. Plan accepts Prevailing Wage contributions and provides that they can be used to offset Profit Sharing. PW contributions are 100% vested. Although the plan document allows for offset, it doesn't address if those amounts used for that offset can also be subject to the Profit Sharing vesting schedule. Does the plan document have to specifically allow for the application of a vesting schedule on those amounts that are used to offset PS? 2. Can someone point me to a resource that discusses this in more detail? I though that there used to be a Q&A on this site, but I am not finding it now. Thanks for any guidance.

Participant elects flat dollar amount to be withheld from paycheck. Pay amount for this pay period is less than the election amount. Should the election be ignored or 100% less tax withholding be withheld? The document, deferral procedure and enrollment form are all silent on the issue. Thanks for any guidance.

Is the 2% S-Corp. owner health insurance considered a fringe for purposes of 414(s) exclusions? Thanks for any guidance.

I don't handle 403(b) plans, but it is my understanding that the financial data must be shown on the series 5500 filing if employee contributions are being made to the plan even if the employer is not contributing to the plan. Am I correct about that? Thank you