"Client had a SIMPLE IRA but exceeded 100 employees for several years beyond the grace period. Per EPCRS, the correction is to stop all contributions immediately and submit through VCP. Nothing requires (or permits) the SIMPLE to last throughout the rest of such a year; the correction is simply to stop all contributions mid-year. This client wants to start a 401(k) to replace the SIMPLE, which would become effective on January 1, 2021. Generally we would be past the 60-day notice period to terminate the SIMPLE by 12/31/2020, but it would seem that, because VCP requires ceasing contributions now, we would should not be bound by the usual 60-day advance notice requirement. Could we 'terminate' (via VCP) the SIMPLE during December 2020 and start a new 401(k) as of January 1, 2021?"

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"Can a participant request a loan today, 1st payment due 12/15/2020, suspend the loan payment under CARES until January 2021, and also reamortize for essentially a six year loan?"

"Our client has maintained a SHNE 401K with discretionary profit sharing contributions. On November 1, the client asked to change from SHNE to SHM effective 1/1/2021 because he does not intend to make profit sharing contributions for quite awhile. A Safe Harbor Notice of Matching Contributions was delivered to the participants prior to November 30. Question -- for the participants who received the SHNE in the past, would they be entitled to a safe harbor contribution?"

"If an employee who is 66 years old and on Medicare retires on January 1, but his spouse is not yet eligible for Medicare, how long could the spouse elect COBRA coverage?"

"A plan has filed its Form 5500 for the last 8 years using plan number 001, but the plan document has always listed 101 as the plan number. Would the world stop revolving and life cease to exist if we simply retroactively changed the plan number to reflect what has been submitted on the 5500? I should also add that this is a large plan filer."

"I am with a small TPA firm and have found that the only February year-end plan that we have was not placed on extension for the PYE 2/29/20. The explanation from our tech (who is our employee) who developed our tracking system was that the plan was 'disregarded' by the system due to its failure to accept the extra day of the leap year (this was the first leap year since the system was implemented). I can't say we've ever neglected to file an extension, so this is something new for us. It would appear that using the DFVCP would be in order, but first I wanted to see if there were any other options that should be considered. It's tempting to file normally ASAP and attach a letter describing the above reason in order to ask for the penalties to be waived because the plan has never had any problems before, but I am concerned that if the IRS doesn't consider it a reasonable cause then the DFVCP might be off the table such that the plan would be assessed the typical unreduced penalties. Are there better options to consider?"

"Employer provides tuition reimbursement for employees. When reimbursement payments are processed, taxes are withheld but the employer does not want the payments to be subject to 401k deferrals. Document uses IRC section 3401(a) as its definition of compensation. Are tuition reimbursement payments included in section 3401(a)? I see that 'Taxable Fringe Benefits such as certain tuition reimbursements' are included under section 3401(a), but I don't know what 'certain' means."

"Client wants to start a new plan for 2020 then wants to amend to a safe harbor for 2021. Can he amend to have a safe harbor non-elective plan for 2021 this late in the game? Haven't familiarized myself with the new SECURE Act provisions yet."