"For those grappling with an absence of Internal Revenue Service guidance about how to interpret 2019 and 2022 changes to ERISA and the Internal Revenue Code about a long-term-part-time employee’s eligibility, here’s another wrinkle: Who decides? If a participating employer excludes from elective deferrals under a pooled-employer plan (or other multiple-employer plan) an employee the pooled-plan provider or administrator decides ought to be included, what corrective steps and remedies must or should the pooled-plan provider or administrator pursue? Or imagine a single-employer plan has a § 3(16) administrator unaffiliated with the employer, and that administrator’s responsibility includes deciding which employees are eligible (for each kind of participation, including elective deferrals): If the employer excludes from elective deferrals an employee the administrator decides ought to be included, what corrective steps and remedies must or should the administrator pursue? Are there circumstances in which an administrator may defer to an employer’s interpretation about which long-term-part-time employees need not be eligible? Or would that be an abdication of the fiduciary's responsibility?"

"We had an issue where our fees were disclosed to participants incorrectly (404(c) issue). Revenue sharing is allocated to participants in relation to the revenue sharing produced by their investments. Our disclosures say revenue sharing the the plan as a whole is allocated among all participants, pro rata, no matter their investments. This is only affecting pennies per Participant. What does this mean for us?

• Are we subject to some penalty?
• Do we need to send out corrected disclosures?
• Is there some sort of 'de minimis' exception, where we don't have to worry about penalties or corrected disclosures, and we can just correct disclosures going forward?"

"For an S-corp that is owned 50/50 by 2 unrelated partners (no other employees), trying to determine if 5500-EZ is ok to file -- I think it is but wanted to double check. What say you?"

"Do some third-party-administrator businesses get malpractice or errors-and-omissions insurance? Without saying anything about how much the premium is (or what coverage limits are available): Which errors are insured? Does it include incorrect or incomplete advice (or a failure to advise) about the Internal Revenue Code? Does it include incorrect or incomplete advice (or a failure to advise) about ERISA's (nontax) title I? Which errors are not insured? Which liabilities are excluded? (My query does not relate to any client; it's to support my charitable and educational work with young people preparing to enter the business.)"