justatester Posted September 14, 2020 Posted September 14, 2020 An employer is part of a Multiple ER plan. They decide to leave MEP plan and establish there own SEP plan. Would the SEP plan be considered a "new" plan? Additional Questions: 1) If new plan is established with an effective date of 5/1/2020, can the contributions/compensation be combined in the new plan for the entire year? (assume 12/31 PYE for both) 2) Does it matter if it is a Safe Harbor plan?
legort69 Posted September 19, 2020 Posted September 19, 2020 The SEP is a new plan with a new effective date. All compliance testing be performed for the 12 months. Issues I run into is retrieving the data required in a good format when the plan was under a separate provider Safe harbor has to be continued unless revoked through the normal process
justatester Posted October 9, 2020 Author Posted October 9, 2020 Ok...New added twist to this question... MEP adopter terminates services with MEP effective 1/1/2019. Per agreement, once termination occurs, they immediately are no longer eligible to contribute to MEP. New plan is not effective until 5/1/2020. Can the employer withhold contributions from 1/1/-5/1/2019? I am assuming no since there was not a "plan" in place. If the answer is no, if the employer withheld contributions, what should the ER do with them? Since there is a gap in the time from leaving the MEP to the new SEP, how does this impact testing? Would HCE determination be from 5/1/18-4/30/19? What about prorating the compensation limit? For top heavy, would the 12/31/19 balance be used for 19 & 20? Let's say, the ER left the MEP effective 4/30/19 and new plan established 5/1/19, based on the above, you would test everything for the full year?
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