Joe L

Luke: I have seen this exact issue in the past. A non-safe harbor plan was established late in the year and the owners max deferred. They failed the ADP test and got most of their money back, plus the plan was top-heavy so the employer made a 3% top-heavy to the non-keys.

The employer needs a record keeper who handles loans directly with the employee and removes payroll repayments all together.

According to the plan sponsor, yes.

A prospect has had a SOLO DB for three years. She had a falling out with the actuary and he will not provide copies of the actuarial valuation or Sched SB for the past two years. I have put her in touch with an ERISA Attorney, but they were not able to help. Should she terminate the plan and hope for the best? File a correction with the IRS?

Participant X is in two 401(k) plans for 2019. He is less than 50 years old. In plan A he defers $10,000 in 2019. In plan B he defers $10,000 in 2019. In plan A, he is an HCE. The plan fails ADP testing and he is refunded $1,000. Has he violated 402(g) for 2019?