415 Limit Posted February 21, 2023 Posted February 21, 2023 Someone (Paychex) convinced a very small Employer to join a PEP containing an EACA provision in early 2022. The ADP test fails (terribly) for 2022 so the goal is to get them out of the PEP and establish a new single-employer plan with a more meaningful plan design as soon as possible. Can they leave the PEP mid-year (i.e., now) or do they have to wait until 12/31/2023? The plan document doesn't specifically address leaving the PEP. They intend to transfer assets from the PEP to the new 401(k) plan, so would this be accomplished through a 'spin-off' (vs. plan termination)? What is the earliest effective date the new single-employer plan without automatic enrollment and including a safe harbor provision can be established? Any input would be greatly appreciated. This is all new to us. Thank you very much.
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