I've never heard of beneficial interests before, but I am now learning that the shares of a surgical center owned by a hospital are held for the "beneficial interest" of the surgeons who perform their surgeries there. Now, its an affiliated service group either way (I'm omitting details, take my word for it!), but I am curious as to how the controlled group rules are impacted by beneficial ownership. I'm reading it's the same concept as Merrill Lynch holding 10MM shares of Facebook in its own name for the beneficial interest of its brokerage account customers. (i.e., the account holder owns the securities, albeit indirectly). Any insight appreciated!

I have a client who has a radiology practice, and offers medical benefits to all employees and radiologists, but they need to work the equivalent of 30 hours per week to be eligible for the benefits. It is only one class. They have a radiologist who's dropping to 65% working time. She is currently on medical benefits and wants to stay on. Can they create a class that would allow "radiologists only" to be eligible for benefits if they work at least 60% of the time (24 hours per week or more). I think the answer is yes, but does that in your opinion create a potential discrimination problem?

If a client adds a non-SH match effective 7/1 and sets the plan up, at the same time, with per-pay deposit but annual computation (match true-up), what wages/deferrals should be used when calculating the annual match allocation? Would it be the wages/deferrals from after 7/1 when the plan was amended or would it be eligible wages for that year? If possible, I would love a cite to a Code section or a regulation.