"I have a client with about 40 employees, and they want to allow all of them to participate in the Plan. What they don't want to do is give the Match (which is the Safe Harbor) to a small portion (less than 5). Generally I didn't think this was allowed, but I wanted to be sure. I know if it was a discretionary match, it wouldn't be an issue. SH, I thought would be but I wanted to confirm."

"My wife and I are in an HDHP through my work, but due to some less-than-optimal coverage she is looking at enrolling in an individual ACA plan this week to start 2/1. I may stay on my work's plan (not calendar year). If so, does that affect my use of the HSA associated with it? I'd presume only my expenses would be eligible to be paid from it. Or does anything conflict such that I lose my eligibility? And the annual maximum contributions would be what, the individual limit times 1.083333? I don't know if her plan choice will qualify as an HDHP -- if it does, is that fine? We'd be in two separate plans that qualify, so perhaps we could continue with the HSA (although my work wouldn't care about her plan's benefits or fund anything on her behalf) with the full 8300 limit?"

"Question is specific to defined contribution retirement plans only: Assume a plan has eligible, active participants with no balance. Perhaps a deferral and match plan and they have never deferred.... A large, well respected software provider is telling me that due to the update in how audit status/large filer status has changed to be based on number of participants with account balances, that the definition of who counts as a Participant for reporting on the Form 5500/Form 5500-SF has changed. and that their reports will reflect the following:

• Participants as of begin of year = Participants w/ balances as of begin of year
• Participants as of end of year = Participants w/ balances as of end of year

"Where the forms ask for 'Total number of participants at the beginning of the plan year' and 'Total number of participants at the end of the plan year' the provider is saying that only participants with balances are to be reported, and that the numbers on those line will be the same as the number on the other lines that ask 'Number of participant with account balances as of the beginning of the plan year' and 'Number of participants with account balances as of the end of the plan year.'

"I disagree with them. I have read the instructions to the updated forms and nowhere do I see that the general participant count as of the beginning or end of year should only include people with balances.... What say all of you? Do you think the numbers should be the same? or like me, think they should be different ? Is this a gray area?"

"Given that amendments now can be adopted after year end, if I want to increase deduction for 2023 and sign the amendment by 3/15/2024 (2 1/2 months), could it be just an amendment or still an election needs to be made under [412(d)(2)]."

"Got a call from a CPA who asked if there is a rule that eliminates the IQPA audit rule for a plan that has more than 100 participants. He said this plan is a SH plan. I told him I didn't think there is any relief. Am I mistaken? Anything?"

"An employer accidentally sent too much money to the 401k custodian. They have not yet claimed it as a deduction for their company return. I know the concept of 'once it becomes a plan assets, it needs to stay' but does that really apply to a clerical error? Can the money be sent back to the employer?"

"A client has established a 401k/PSP for 2024, plan allows Roth deferrals and a Safe Harbor Match. The funding institution has insisted on two accounts for each participant making both traditional as well as Roth contributions. Can the employer SHM be made to each account based on the ratio of contribution to each traditional or Roth -- total not to exceed the matching formula in the plan?"

"I assisted with a plan termination, As per the plan sponsor's direction all unresponsive participants fund were rolled over to an IRA account. The plan sponsor has now come back stating the funds will require to be rolled over to the acquiring company 401k plan. The plan sponsor is ready to connect with the IRA provider to provide direction to rollover the funds to the acquiring company 401k. I have two questions.

• I thought funds from an IRA account can not be rolled over to a 401k plan, is that not true? Can the plan sponsor direct the IRA provider to rollover the funds to the 401k plan.
• The plan sponsor will make the account whole (is ready to do any gain and loss calculation) and send the money to the IRA provider, so that the IRA provider will directly send the funds to the acquiring company record keeper. My assumption was the funds needs to come into the terminating plan, have the correction done and then rollover the funds to the acquiring company. Is this not true?"