"Suppose a calendar year plan is terminating in March. The plan must, of course, amend for SECURE and SECURE 2.0 -- (CARES amendment was done way back). I believe that technically, since the amendment is ADOPTED in 2024, and there is a 210 day period following the end of the PLAN YEAR IN WHICH THE AMENDMENT IS ADOPTED (hence 210 days into 2025) that no SMM is required. Now, employees were previously notified if certain provisions applied -- QBAD's, for instance, albeit not in a formal SMM. If I'm correct, this makes the plan termination process easier, because the SMM's can be wildly variable with the voluminous possible changes ... Thoughts?"

"Have an employee who just returned from military service and am trying to make sure she receives all of her make up elective deferrals correctly. [1] If the plan only allows contributions up to 60% of salary per pay period, can the employee exceed this with the make up contributions? [2] What if our match changed from during their leave? Do we use the old match or the new match? or prorate it? [3] Is there an easy way to calculate total amount they are eligible to catch up?"

"For a calendar year NFP 403b plan, they want to make their deposit sometime in August (for Reasons). But they intend on filing their 990 at the regular deadline (5/15/24, 4.5 months after the end of the year). I know that in the for-profit world, this means that they can't take the deduction for it in the prior year, so they might run into a 404 issue in 2024. Does that apply to a NFP?"

"Safe Harbor NEC plan. Plan does an additional match of 25% up to 8% of compensation. So ACP testing is required. Question: Can you run an ADP test (assuming it passes) and the run the ACP test with borrowing from the ADP side?"

"When calculating the Top Heavy account balance determination, and there is a profit sharing contribution that is partially deposited before the end of the plan year and partially deposited as a receivable, how do you handle that in your testing?"

"I am just reaching out to see if folks think that the client should absolutely obtain legal advice regarding ASG, or if I am totally over-thinking the ASG issue. I received a call from a potential client (with no plan in place currently). He is a surgeon who works for a hospital as an employee and participates in the hospital's 403(b) plan. He gets both elective deferrals as well as employer contributions. He is also an eminent researcher, who then forms companies to commercialize on his research. He has some equity ownership in these companies, as well, usually between 3%-15%. The companies have their own management and employees. He is not an employee of any of these companies. However, some of these companies pay him, via 1099, for 'consulting' to that company. He would like to establish a retirement plan for the 1099 'self-employment' income he receives from these companies.

1. Is it possible that there might be an ASG between his 'self-employed business' and any of the businesses in which he has equity ownership? I wonder if his self-employment business could possibly be an A-org, or B-org to any of the companies he has helped to set-up. There is certainly some common ownership, he is being paid for providing services, and these companies are in the medical field. Thoughts?
2. Assuming that a plan for his self-employment income could be established, do we need to aggregate any of his 403b benefits from the 403b plan with ANY plan he establishes for his self-employed income (since he is a 100% owner of his self-employed business). It is my understanding that 403b and DC retirement plans must be aggregated for 415 limits. Does this aggregation also apply for any reason (like deduction limits) between a 403b plan and a Cash Balance Plan, for example?"

"A company acquired an existing 401k plan (stock purchase). Can the new company get the tax credit (as if it were a new plan, new company)? There is a new EIN, new trustees, etc., but the same, existing plan. Also, this company plans to purchase other companies soon, but they plan to have them terminate their existing plans (if applicable), as part of the purchase agreement. They would then add them (as controlled groups) to the current plan. (Same 1 owner (and spouse) on all companies.) In those instances, can they get the tax deduction for each and every new company as they are established?"

"Assume an employer did not offer a group health plan, but was interested in purchasing access to a health clinic for its employees and their families. This clinic is not located on the employer's premises, it offers an array of primary care services, and will be shared with other employers. There is an exception to the ACA requirements for 'on-site medical clinics,' but that term does not appear to have been defined by the regulators or courts. Because of the scope of benefits offered (more than minor injuries/illness or first aid), the location of the services (not on employers premises) and the fact they will available to family members, this will be treated as a group health plan. 29 CFR 2510.3-1(c). It also wouldn't meet the requirements to be avoid COBRA obligations. 26 CFR 54.4980B-2, Q&A 1(d). Many commentators seem to hang their hat on the ACA exception for 'on-site medical clinics' to open the door to allow this kind of arrangement, but I'm not sure I see it. Can an employer offer certain essential health benefits through a shared clinic without triggering the ACA rules on caps, preexisting conditions, etc.?"

"A newly eligible participant is filling out her DOB. She and her husband have been separated for 16 years. They file their taxes separately. She listed her son as the beneficiary of her 401k balance. Is there any reason why she can't list the son as primary? Does separated spouse need to sign off on that? Any ideas or sites that I can go to to clarify this issue?"