"I have a client that wants to shorten the eligibility for 401(k) deferrals to 60 days, but leave the Safe Harbor Match at 1 year. I would think this would cause an issue with the testing, but I wanted to make sure I wasn't overthinking things."

"I have a potential client who has been 'maintaining' a SEP for sometime. The owner has always been the only participant in the plan. There have been no contributions to the SEP during 2023. What would be the problems, if any, of starting both a 401(k) plan plus a cash balance plan during this year? I am sensitive to the word 'maintaining' with regard to the SEP. If no contributions are made on account of 2023, does this imply the the SEP is not being maintained during 2023 and there should be no problems establishing the other plans?"

"We hired a new accountant for Q422 and they used the wrong election form for my 2023 deductions. I chose 4% for the past two years and they used my 2021 election form which was a 3% match. I realized this after my 6/15/2023 check (due to other issues with our FLEX program) and brought this to their attention. They decided to make up for this difference by adding the missing amount to the next 11 checks until all missed deduction amounts are accounted for. My question: Is this the proper way to do this (or perfectly ok) or does the company need to go through a proper correction method (i.e. VCP)?"

"I have a union employee that used to participate in a non-union plan. The employee is still employed at the company but no eligible now due to being union. They just processed a loan from the non-union plan for this union employee. Is this allowed? Loan policy says: 'Any Participant that is actively employed may apply for a loan from the Plan.' This person is a Participant due to the fact (at least) that they have a balance. And they are actively employed (so, thus can have payroll deductions). However, they are in an ineligible class. The loan policy does not address that."

"Anyone have a 'contact' at the IRS to know, first, IF they are planning to release any additional guidance on this subject, and if so, WHEN might it be expected?"