"Typically, if the plan allows, deferrals and Roth plus earnings are available for hardship distribution. We have someone asking if they can do a Roth conversion of profit sharing for example. I don't think that then qualifies as a 'safe harbor' hardship source -- does it? I realize they could amend the plan for in-service on profit sharing at 60 months or 2 years aged deposit."

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"A DB Plan where the owner and his wife are participants is terminating. The owner passed away and his Beneficiary is his wife. Therefore, the wife is entitled to two IRA rollovers (one since she is a participant in the DB plan she therefore has a DB benefit, and one rollover as beneficiary of her husband's benefit). The rollovers to the IRA are approximately 1.7 and 2.3 million respectively.... Is there any reason to rollover each benefit separately, or can one amount of 4 million be rolled from the DB to her IRA?"

"The Plan document says the following: Eligibility. Rollovers may be accepted from all Participants who are Employees as well as the following (select all that apply; leave blank if not applicable): a. [X] Any Eligible Employee, even prior to meeting eligibility conditions to be a Participant Does this leave any discretion for the Plan Sponsor to not allow rollovers from employees who have not met the plan's eligibility requirement? Or must they allow the rollover?"

"An employer with less than 100 employees who earned at least $5,000 in 2021 adopts a MEP in 2021. On 6/1/2022 they spin out of the MEP and adopt their own 401(k) plan, covering essentially the same employees. Would I be correct that company's participation in the MEP would disqualify it from the start-up tax credits for any year (2022 or after)? Would I also be correct that assuming the company continues to employee less than 100 employees, they would still be able to qualify for the 'Employer Contributions' credit beginning with the 2023 plan year?"

"I have clients seeking to simplify the administration of the SECURE 2.0 Roth requirement for catch-up contributions made by participants earning more than $145,000. One potential way to do this is to require all participants (regardless of compensation) to make catch-up contributions on a Roth basis, but it's not clear to me whether that would be permissible. May plan sponsors require all catch-up contributions to be made on a Roth basis? More generally, how have you advised clients who are concerned about the complexity of administering the new Roth catch-up requirement, but who don't want to eliminate catch-up contributions from their plans?"

"Plan has 3-month wait for deferrals and 12-month for safe harbor match plus semi-annual entry-dates. I realize the <1 year deferrals would need to be ADP tested but that is not an issue since can use the statutory exclusion, plus there are never any HCEs in that group. No other employer contribution is made -- no regular match nor profit sharing. This plan is not top heavy thankfully but I thought I read something that if this plan were top heavy, the funding-safe-harbor-only top heavy exemption would not apply to those not eligible for the safe harbor match. Does that sound right?"