"A dental practice was sold in an asset sale. Original plan is terminated however the seller has outstanding employer contributions to be made including a profit share determined on payroll information up to the sale/termination date. The new entity is telling the seller that they cannot make any more contributions to the terminated plan since the participants are now all active in the new entity plan. Can anyone assist with cites that support the notion that outstanding Employer contributions can most certainly be made to the seller's terminated plan?"

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"We have an existing FSA plan with a plan year of 4/1-3/31, which is the same time line for our health plans' plan year. We merged (acquired) w/ another company earlier this year, and they have a Jan. 1-Dec. 31 plan year for their health plans, and didn't have an FSA. Our company has decided to restructure the plans so company wide the plan year would be Jan. 1-Dec. 31 for all offices, with the same plan year and enrollment periods for all health & dental, and FSA. Questions I have are:

1. If we close the FSA plan by Dec. 31, this year, do we have to notify staff? If so, how soon? Is there a blackout period?
2. If we close FSA by Dec. 31, some employees have fully utilized their Health Care FSA balances already, so the company would lose the missed premium that the employee would have normally contributed during the Jan-Feb-Mar payrolls. Is this correct? Can we ask them to contribute those funds they would have normally contributed in Jan/Feb/Mar?
3. To avoid any more of the situation in above #2, are we allowed to ASK employees to only use up to the amount they would have contributed through Dec. 31? Or is this unlawful?
4. For employees who have the Dependent Care FSA, and were anticipating using the full amount, will now be cut short by 3 months. Can they contribute a higher amount? Is this change-over of the plan year possibly considered a QLE/Qualifying Event? Any information would be greatly appreciated!'

"We are installing a new Safe Harbor 401(k) Plan with automatic enrollment and automatic increases. Generally, in the past when we've installed a new plan we've always gone with the first day of the Plan being January 1, even if it was signed during the Plan Year. My question is, under the new Secure 2.0 rules is there a reason not to use a 1/1 start date and instead use 11/1 for a short Plan Year?"

"I've got a MEP where two of the adopters have to leave the MEP immediately. It's a 3% safe harbor plan. Do they make the 3% SH based on 1/1-9/30 compensation to the MEP, or can it be set up so that the entire 2023 SH is made to the spinoff plan? Thanks."

"For a 1-person plan (sole prop, corp, whatever) the CPA is saying the lifetime income illustration is required. I say otherwise. SECURE amended ERISA 105(a) to add this requirement. ERISA 105(a)(1)(A) exempts the pension benefit statement requirement for one participant plans described in ERISA 101(i)(8)(B). The lifetime income disclosure under 105(a)(2)(B)(III)(iii) falls under 105(a)(2)(B) in general, which refers to statements required under clause (i) or (ii) of paragraph (1)(A) which as stated above, exempts the one-participant plans. Am, I missing anything?"

"Someone I work with told me that line 19 - discounted contributions - attachment is not required unless the plan is subject to quarterly payments i.e. if less than 100% funded in the prior year. I reread the instructions on SB and seems to be supporting this. I always attach to avoid any misses. Any comments are appreciated."