In what would otherwise be a clear short-term deferral plan under 409A and 457(f), is there any exception from 409A and 457(f) with a vesting/payment trigger based on a voluntary termination (for any reason, not just good reason) at any time within one year following a change in control? The identical form (one lump sum within 30 days) and amount (fixed dollar amount) of payment is available under several other situations (employment until stated date; death; disability; good reason termination; involuntary termination without cause). Unless I'm missing something, the right to payment is no longer subject to a SROF upon a change in control, even if the employee remains employed. The one-year timeframe rules out a short-term deferral. The only thing I can think of is some type of separation pay window program, but I'm not sure it would meet the requirements where the same payment is available in several other circumstances (and, for 409A, exceeds 2x base pay/401(a)(17)).

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Plan Sponsor chose to forfeit participants' non-vested account balances immediately upon their termination of employment and use that money to reduce their payroll period employer match contribution payments. The plan document has the typical provisions -- forfeitures occur on the earlier of being fully paid out their vested portion upon termination OR having incurred five 1-year Breaks-in-Service. The Adoption Agreement also states that the timing of allocation of forfeitures should occur in the Plan Year following the Plan Year in which the forfeitures occur. It appears that the employer should not have had access to the forfeited amounts until the year following the year the "true" forfeiture would have occurred. How should this problem be corrected? Everything I'm finding so far discusses employers NOT using forfeitures by year end. This employer seemed to use them too soon. Is this addressed in EPCRS?

We have a plan that was set up as a multiple employer plan in 2018. For 2018 there was only one company in that plan. In 2019 at least two other companies joined/adopted. For the 2018 5500, should we check the single employer box or check the multiple employer box and just have the attachment specify the one company making 100% of the contributions?

A sole proprietor gets 1099 income and reports it on a Schedule C. The person also has a 2.25% interest in an LLC and gets income reported on a Schedule K-1. While both are subject to self-employment tax, If the sole proprietor sets up a new retirement plan, can they be combined to result in a larger level of compensation?

A few of our clients are getting the "you had late contributions, VFCP is available..." letters. Do you submit via VFCP after getting those letters? Any anecdotal evidence of investigations if is isn't filed? Or do you just keep a copy of the self-correction in your files and show that when asked?