A client (an LLC) was entering into discussions to provide a SERP to a top executive. The SERP would provide nonelective deferred compensation (no election by executive or deferred compensation agreement) payable in fixed installments over 5 years (at termination of employment, disability, death, etc.) with death benefits paid in the same form and at the same time for the surviving spouse. Sadly, the executive died before the SERP was executed. The client wants to complete and execute the SERP and provide the death benefits to the surviving spouse. I think this is possible (I have put in non-elective SERPs with effective dates retroactive to the first day of the executive's tax year), but have never come across this issue before. I am concerned that Reg. Section 1.409A-1(b) defines a deferral of compensation plan as a plan where the service provider has a legally binding right during a taxable year to compensation that is payable to or on behalf of the service provider in a subsequent taxable year. Technically, the service provider didn't have a legally binding right to the SERP before death, and is no longer a service provider when the SERP is executed. Any thoughts or comments?

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I am trying to help a client file through VCP to bring their plan document up to date. They missed both the 2010 and 2016 restatement deadlines. I have a copy of the adoption agreement that was executed in April 2003. I am trying to track down a copy of the Basic Plan Document that accompanies the Adoption Agreement. The Adoption Agreement was sponsored by Universal Pensions, Inc. which I believe was acquired by Bisys, which I believe was acquired by Ascensus. The adoption agreement is the Standardized Adoption Agreement. The bottom of the document indicates # 8016 (8/2001). Anyone out there who might have access to the Basic Plan Document that accompanies this Adoption Agreement?

TP is over the age of RMD and 100% owner of an S Corp. Currently funding the 401(k) with maximum tax deferred amounts per year. Wondering if a participant like this (the age being my primary concern) can fund after-tax and use in-service Roth conversions. Currently they have $25K deferral plus 25% of salary.

During 2017 a plan sponsor bought another company. The other company had a 401(k) plan separate from his original plan. During 2018, Company 2 rolled all account balances into the original 401(k) plan (& plans were amended to be merged). On 12/08/2018 he sold Company 2. The participants' account balances are still in the plan. The two companies operated separately (in different states) during 2018. Do I report this as a controlled group for 2018 or as a multiple employer plan? If multiple employer, does anybody have a sample of the "listing" that is required to be attached to the 5500? They were separate companies again by 12/31/2018. Comments or experience with this type of situation?