"On a self-funded, grandfathered plan. Is it required to have an Open Enrollment period to allow participants to upgrade their benefits? Or is that not required?"

"We have been servicing a rather large plan for many years. The business went belly up and we terminated the plan. We even got everyone paid out. Problem is the 5500, which requires an Accountant's Opinion. We did the Draft 5500 in March and sent to the CPA who did it in prior years, but they said 'no thanks'. They are owed a great deal of money, and will not do any more work until the account is paid up. We advised the Client of the problem at that time and have been waiting, with intermittent contact, on the need to get us the Opinion to allow for the 2022 filing. (There will be another 2023 Filing due which will also need an opinion.) So, as you can tell, we are at an impasse. While our service obligation as defined by service agreement has been completed, we don't want the client to get slammed with late filing penalties. Thus far, in addition to other contacts, we have sent an email detailing the penalties and availability of DFVCP, given the impending 10/15 deadline. I have even sent Facebook messages to the profile of the business owner! I am trying to get an address for a certified mailing, but am not faring well on that. Any suggestions?"

"Is there a definition of when a contribution can be credited? Must it be the date that the contribution has cleared the account or can it be the date that the contribution has left the control of the sponsor? In this case, the sponsor sent a check on 9/14, was received by the trustee on 9/15, but it did not clear until 9/18."

"I have to file a late 5500-SF 2021. Due 7/31/2022. I know that the form must be filed electronically with the DFVCP box 'X'. How does the client remit the $750.00 penalty electronically?"

"We are terminating a Pension Plan. The insurance company we are using to purchase annuities to pay benefits doesn't like our 'suspension of benefits' provision. the provision allows Participants in pay status to suspend benefits for any month during which the employee works at least 80 hours (service, as defined in ERISA Section 203(a)(3)(B)). Can we remove that provision to make the insurance company happy? Or is this some sort of protected benefit?"

"My primary question is who is a 5% owner? We all know the definition means >5%. Ownership attribution applies. I believe that means the RMD only applies to a non-direct 5% owner who is 73+. (Example -- child is 100% owner and elderly dad works in the business -- dad must take RMD if 73.) I believe the same logic applies to spouse -- attribute ownership but RMD only applies to the non-owner spouse only if the spouse is 73+. And then there is the former >5% owner. I believe without researching this again, I recall if someone was a >5% owner at the time of their RBD then they must continue the RMD even after they become <5% owner. But if sell ownership prior to 73, continue to work, then no RMD. And fortunately penalties are greatly reduced!"