"My question is specifically about the start-up plan employer contribution credit (not the admin cost credit or auto enroll etc). I understand it creation is through an addition /modification to Section 45E. One ASPPA article in particular says this: 'If the employer maintained a 401(a), 403(a), SIMPLE, or SEP plan in the three taxable years immediately preceding the tax year in which the plan is adopted, the employer cannot take a deduction for the year of adoption, but is eligible for tax credits in the next four tax years.' Can someone explain where that reasoning comes from? If I have a SIMPLE for a year, then terminate and switch to a 401(k), wouldn't I be precluded for the first three years of the 401(k)? And is there clarification somewhere about how to apply this credit if I maintained (but discontinued mid-year) a SIMPLE or one of the other types listed in the ASPPA article? Just because I'm in year two of my new 401(k) plan, I would have still had a SIMPLE in the preceding 3 years, so how would I be an 'eligible employer'?"

"I was wondering if anyone could provide the name of a DC recordkeeper only for a 401k/cash balance combo plan for a small employer(< 20 participants) preferably not too pricey."

"Participant died in 2022 prior to his required beginning date. Surviving spouse is sole beneficiary and current employee and would like to roll over his balance into her account in the same plan. Assuming the plan allows this, any concerns? Would she have 10 years to fully distribute the amount attributable to the deceased participant or would it be consolidated with her balance and subject to her own RMD requirements?"

"My employer failed to correct the contributions to my 401k until after I left the company, so they paid a 50% QNEC. However, I elected Roth and they paid pre-tax. This seems wrong to me since it's way less money ultimately going to me. Can somebody verify? (There's another thread suggesting an in-plan rollover, but that doesn't make sense since it's a taxable event and will immediately show how much less the pre-tax amount is compared to the same Roth amount.)"

"I've having a difficult time finding a clear answer on whether DFVCP may be used to eliminate IRS penalties for a late 5500 after the IRS has already imposed a penalty. The available IRS late-filer relief guidance does not seem to address this squarely. It says that IRS will waive penalties if, among other things, the filer complies with DFVCP. The DFVCP FAQs say an 'IRS late-filer letter' will not disqualify a plan from using DFVCP, but it doesn't address a situation where the IRS has already imposed a penalty. There has been no correspondence from the DOL on the late 5500. My initial reaction is that using DFVCP now probably would not automatically waive the IRS penalties already imposed (but that it may be a good idea to minimize further DOL liability) and that a separate reasonable cause statement would need to be filed with the IRS requesting abatement of the penalties. Am I off base? Relatedly, the penalty is imposed on a Letter CP283, which I have understood to be specific to a 5500-EZ. The plan at issue files a 5500-SF reporting around 50 participants. Is this the typical form letter for a non-EZ Form 5500?"

"In 2020 the 2 HCEs didn't receive the full 3% NEC. The 2 NHCEs did but not the 2 HCEs. During COVID the business didn't make a PS contribution but regardless of that the plan called for a 3% SH NEC so everyone needed to get it, right? There is no exception is there?"

"A client had an employee who was not paid out for a couple of years (she kept him in the plan thinking maybe some work would come up and he would be back in). Over the summer the employee died. The plan states that vesting does not count if someone dies or becomes disabled. The employee died and had a break in service prior to their death. Is the deceased terminated employee 100% vested? Or do I pay him out based on his vested% at the time he terminated?"