late in year sorry

[Guest ?pensionguy]

Employer merged with another company (new company still considering k plan), old plan had 8 people was safe harbor all contibutions made before all employees including owner went into new merged companies. Owner still had A/R due which has now been collected money could be converted to payroll and was curious about whether he could fund prior 401 k plan. All participants have been paid out except him investment issue delaying his distribution. it sort of brings up questions prior plan was top heavy but only safe harbor match was made he would be only employee in (old company) 14 months with payroll made. thanks for review

[Jim Chad]

You might want to bring this one up again on Monday. But for now, I think if it payroll, he can use it for contributions. I fit can be payroll, then the old company must still exist. But watch out for top heavy rules.