"Question about preparing the attachment Schedule H/I Line 4a Schedule of Delinquent Participant Contributions. Do you include the calculated lost earnings in the amount or is it just the late contribution amount? The 5500 instructions only discuss the contribution. I have someone telling me to include the earnings."

"Looking for guidance on how an employer applies the rate of pay affordability safe harbor to an employee that is paid both a salary (for work performed in one position) and an hourly wage (for work performed in second position). My first thought is to just use the W-2 safe harbor, but the client wants to explore the other possibility. I found language in the final regs allowing the employer to apply different safe harbors to different categories of employees but nothing about applying a safe harbor to an employee with two categories of pay. Any ideas?"

"Have you seen any study about possible anti-selection (e.g., higher average mortality than the overall population or plan population) with respect to a Social Security Level Option?"

"We submitted our plan to the IRS under VCP about 6 months ago and just found an issue completely unrelated to the VCP submission. I do not see any requirements that we can't still self correct the recently identified problem, but wanted to see if anybody had a different opinion. In my mind, because there isn't a specific exclusion, as long as the issue would otherwise qualify for self correction, I can."

"I got a request today asking for clarification on whether two companies are a controlled group. There are partners who have common ownership; one partner owns 80% of a related business. If he sells his interest, bringing it under 80%, will that be enough? I have a feeling that the other partner(s) have enough ownership to make this idea a non-starter. The businesses have seperate DC plans, and have been advised by someone else that they may need to amend those plans, but I thought there was a grace period for that. (I am assuming this is to provide substantially equal coverage between the two companies)."

"Owner/participant retires 12/31/2021, dies shortly after. Plan fails the ACP portion of testing. Owner is due a 'refund.' Money has been moved to a spouse's account as beneficiary. The transaction was treated as a 'funds on deposit' and transferred to the spouse. No 1099-R was generated.

Question: because the money has been moved, we need to make the distribution. Whose Social Security number should the distribution be taxed under?

Also, because the 'transfer' took place in February of 2022, would the plan be considered to have been timely corrected?"

"Looking at a 401(k) plan for 2020 and 2021. Both years had deferrals deposited late. No VFCP calculations were made nor any adjustments deposited into participant accounts. No 5530s filed. How can this be corrected?"

"The notice says that the excise tax will not apply for distributions not taken in 2021 or 2022 under the 10 year rule. But I don't think they say when those distributions must be taken. That is, do they get pushed to 2023, or do you do the RMDs over the remaining 10 years, or what? Or did I miss something? The notice makes reference to the intent to publish final regs and I guess that's where the answers will lie. Seems weirdly incomplete though."

"Quick question regarding the PBGC payment. I know it's due by 10/17/22 this year. [1] Does it have to be received by the PBGC by that date, or [2] Does it have to be postmarked that date Thanks! Have a few that waited till the last minute, so have to let them know if they have to overnight the check or just get it in the miail."