"Plan is going into blackout... notices have been mailed timely, however some are returned for former terminated employees. What do you do if a blackout notice is returned via USPS due to insufficient address?"

"If I understand correctly, a one-person owner of a business with a DB plan can ultimately contribute more than their W-2 to a DB plan. Can a Sole Proprietor (with no W-2 income) do that as well? Seems the subtraction on Schedule C would make it impossible."

"I'm doing the plan document for another TPA, 401(k)/PSP with effective date of 1/1/2023 except there will be no deferrals for 2023, deferrals to start 1/1/24 and the other TPA says to me- leave the effective date 1/1/23, we won't use the 401(k) portion until 2024. I am more inclined to do a 401(k)/PSP effective 1/1/23 for the profit sharing with a 'special effective date of 1/1/24 for deferrals, which I think makes more sense. Owner only plan, no employees. Other thoughts?"

"403b plan sponsor wants to allow temporary part-time employees to make elective deferrals, but not 'regular' part-time employees. Assuming both subsets meet the definition of part-time under the IRS universal availability rules, would excluding 'regular' part-time but not temporary part-time run afoul of the universal availability rules?"

"We TPA a doctor's office. The doctor is 100% owner of the practice but does not participate in the 401k plan. His top assistant is an officer and makes over $250,000 but has no ownership. Based on that, she is an HCE and a key. She has 3 children working there not at that compensation level. They are not HCE or Key. The top assistant is 100% owner of a separate business that has most of its business with the doctors office. We are looking into it but lets assume an ASG exists. She is also the only employee of the separate business. The separate business is not an adopting employer, but we still need to include the ASG for testing purposes. With no other employees in that business, this does not impact the plan very much. [1] Unless, because of the Top Assistant being 100% of the other business, would she be considered HCE and Key regardless of income? [2] And if so, does that mean her 3 children are now HCE and Key? But if the separate business did become an adopting employer of the 401k plan: [3] Would the top assistant would now be HCE and Key regardless of income? [4] Would the 3 children also become HCE and Key in the 401k plan? Two are over 21 and one is 20."

"Client sold assets of his business and most employees terminated employment. Client has a valid 242(b) election. Client is considering freezing the 401(k) plan (and maintaining the entity that sponsors the plan) so as not to revoke 242(b) election. I think terminating the plan (on purpose) would cause the 242(b) election to be revoked. I think there was definitely a partial termination but I don't think this causes anything other than vesting of affected participants -- I don't think this would revoke the 242(b) election. Does anyone disagree?"