"Has anyone used self-correction under the new Rev. Proc. 2021-30 for a correction by plan amendment that only affects HCEs? We have a 403(b) plan document that excludes highly compensated employees from eligibility for purposes of matching and nonelective contributions. In 2016 the employer requested an amendment to the plan document to remove the eligibility exclusion for HCEs to receive matching contributions. Consistent with the requested amendment, the employer began making matching contributions for HCEs but cannot find a record that the plan amendment was ever signed. It has only impacted 1-3 HCEs in each year, and the dollars involved are relatively small in comparison to total matching contributions and plan assets. Assuming self-correction is otherwise available, it does not seem clear from 4.05 that this could not be corrected by a retroactive plan amendment outside of VCP."

"A client sponsored a SEP during 2021 and started a 401(k) plan with new comp in 2021 as well. They made some deposits into the SEP already, I know that these contributions have to be combined for limitation purposes but am not clear if these contributions can be used to satisfy 401(a)(4) testing."

"One of the selling points of a 3(16) service is that they sign the 5500 for their clients. I understand that a true 3(16) administrator can sign as Plan Administrator on 5500's. But I always thought that if the Plan Administrator and Plan Sponsor were the same, you only needed a signature on the top line, Plan Administrator, but if they were different, you need 2 signatures. So, obviously the appointed 3(16) is NOT the sponsor. Wouldn't two signatures still be necessary? If not, why are there two lines? If you only sign as sponsor w/o administrator the filing fails."

"Hello, Plan originally covered 100% owner and spouse, exempt from PBGC coverage. They have since divorced but spouse has remained as an employee. No Minor children between them. Ex does not have options to stock under 1563(e). Does the 5 year look back for ownership purposes for PBGC coverage extend to owners by attribution during the last 5 years or is it only if they had 10% direct ownership on their own?"

"Client had a solo 401k and terminated it on June 30th. On July 1 they hired there first employee and created a brand new plan giving immediate entry. Client received a 13k profit sharing allocation on the terminated plan. Do we have a coverage or discrimination issue with the new plan?"

"Does anyone know what changes the No Surprise Act causes on the SBC and how it needs to be presented? Are there even any changes? I wasn't sure and a client is asking. Thanks!!"