"If a DB plan is non-compliant (either a discriminatory benefit formula or failed 401(a)(4)) may it still terminate under PBGC if the assets are sufficient? We understand that a plan may potentially be disqualified, but does the PBGC care or is it only concerned with sufficiency? Case in point floor/offset plan, but the sponsor did not correctly fund the DC plan to meet aggregated testing. They want to terminate the DB plan. We are reluctant until they get the combo compliant. They dispute the need for additional contributions to the DC plan in order to terminate the otherwise sufficient DB plan. If we warn the sponsor of consequences, will the PBGC allow the termination without regard to testing?"

"I would like to get some thoughts on the following: Assume a plan offers three JSAs: a 50% JSA, a 75% JSA, and a 100% JSA. The plan designates the 50% JSA as the QJSA. I assume that means the 75% would be the QOSA. 29 U.S.C. Section 1055(d). Now, I understand that the QJSA and the QOSA must be actuarial equivalent to the offered SLA. 29 U.S.C. Section 1055(d). What about the 100% JSA. Is that also subject to AE requirements?"

"When a Plan chooses to allow brokerage accounts, is it acceptable for the Plan Sponsor to expect the participants to get them a copy of the statement(s) at the end of the year? Should the Plan Sponsor be receiving a copy of each individual statement monthly or at least quarterly? What are the consequences if they are not keeping copies themselves?"

"Had a plan subject to audit for 2022, that showed 120 active participants as of 12/31/22, but only 95 with balances. Plan is now fully liquidated this year. How would you report this on a 2022 Form 5500 for the short final year in 2023? Don't have a box for participants with balances as of 1/1/23."

"I have a large plan that is audited for 2022. A participant requested a maximum loan ($13000) from his account on a weekend. The account balance he saw online was $26,406.45. By the time the loan was approved and processed, his account had fallen to $25,851.50. It appears that he is over his maximum loan amount by $74.25. I looked at the IRS Fix-It Guide and found that the participant must repay the excess loan amount and if needed amortize the remaining principle. Is there anything else i need to be doing?"

"Brief facts: Case no. 1: In June 2022 IRS TEGE issued a notice of plan disqualification for an ESOP client. The agents notice clearly stated 'The plan is disqualified' thereby allowing TP to timely file in US Tax Court within 90 days. In Dec. 2022 Govt files to dismiss based on lack of jurisdiction. Pending USTC Case no. 1 is still pending and no order from USTC. Pending USTC Case no. 2. -- May 2023 IRS TEGE issues a one page notice of disqualification stating: The Plan is no longer disqualified under 401a and 501a. No 886-A and no further information. Q: Is there a motion you'd file to stay proceedings? I don't see IRC 6213a applying to retirement plan declaratory actions? ... 6213(a) states that 'no assessment of a deficiency in respect of any tax ... and no levy or proceeding in court for its collection shall be made, begun, or prosecuted until such notice has been mailed to the taxpayer'. I'm looking at guidance for which US Tax Court rule (or Fed Rules) allow me to motion the Court to stay Case no 1? other than saying it would deprive petitioner of due process rights to not allow him to have that matter resolved."

"Takeover. Many issues. DB with document stating NRA age 50. This would violate Section 401(a)(14) and Section 1.401(a)-1(b)(2). We can correct late restatements under SCP, but can we also change the NRA to 62 under SCP as well? This appears to me to be a document issue, which cannot be corrected under SCP. Thoughts? Also, assuming we have to do this from inception, would we also have to redo the actuarial valuations using the correct NRA (likely resulting in some past non-deductible contributions) or just look at open years?"