"Husband and wife DB plan, both passed NRA of 62, are looking to terminate the plan, but plan asset value has exceeded 415 lump sum by $1 million. What are the ways to solve the overfunding issue so they can terminate the plan? One way an actuary suggested to me is having both participants start taking in-service distribution, which can be treated as eligible rollover distribution and rolled over to IRA without tax implications. But it seems to violate one of the exclusions of an eligible rollover distribution: 'a series of substantially equal periodic payments over a period specified in section 402(c)(4)(A)'. Is this really workable?"

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"Working on a new DB plan. Have employees and the owner as eligible. I am now told that the owner's spouse have been working for the company and never drew a salary. He's been employed since 2000. Assuming that he always worked 1,000 hours, any issues in providing 1 to 5 past YOS (have not totally determined yet on how many years I will need for the plan design) for benefit accruals (under safe harbor rules)? The lack of salary history will be an issue especially for 415 and testing but let's put that aside for the time being. I just need to determine if I can provide prior service."