"With the change in methodology of participant count for the 2023 Form 5500, now looking at participants with a balance as of the beginning of the year, how will this impact new plans that have 0 participants with a balance as of the beginning of the year but over 100 at the end? I found one line from Ascensus that stated a first year filing would look to participants with a balance on the last day (which makes sense to me, otherwise all new plans would be small filers). However, I can't find that stated on any governmental site. Has anyone looked into this or have a link to postings from the IRS/DOL?"

"Frozen CB plan (frozen early 2023 hard freeze i.e. no new entry+ no accruals to anyone):

• Top heavy
• Title I (no PBGC)
• Underfunded i.e. assets are less than the total account balance
• Covering 2 owners and a few previously terminated participants.
• 2 additional non-owner employees, one HCE and one non-HCE categorically excluded

PS Plan:

• Not top heavy
• Only PS provisions
• No contribution for 2023
• Top heavy benefits are provided under PS plan and only to non-keys (no top heavy provisions under the CB)

Combined plans are top heavy and plans were aggregated in the past for testing. Questions:

1. I believe I have to pass 401a26 within the CB plan i.e. at least 2 must get meaningful benefit, agree?
2. If prior benefit structure would work, how would I test it (I am always confused with this). I have 2 active and 3 inactive participants, all with meaningful benefits prior to freeze. Any thoughts on this?
3. Assuming I need to provide the meaningful benefits and only to the 2 non-owner participants, I do not have to provide any top heavy under the PS plan as long as the keys do not get any allocation in either CB or PS plans, agree?

What else am I not thinking of/asking about?"