"I believe it was late 2022 that the DOL issued proposed changes to VFCP to allow for a 'self correction' option under VFCP. Can anyone tell me if that option is available at this time?"

"Relius is making an employee 100% vested when said employee terminated prior to Normal Retirement age. Employee does not have the required 6 years vesting service to be 100%. It appears that Relius is only looking at age of the employee and not taking into consideration term date.... However, here is the response we get. 'The participant still has a balance and a forfeiture event has not occurred. So, if they reach retirement age with their balance still in place, they DO become 100% vested as they have satisfied the plan's requirements. That is what the regs say. Unless their document has a provision that excludes terminees who reach retirement age from becoming fully vested, but they should check their document and check with their own experts -- then Relius is doing things correctly.' What does a forfeiture even have to do with this? What regs? It's a Relius Document that says the employee would need to be employed on or after your Normal Retirement Age. The employee did not meet employed at Normal Retirement Age. Am I missing something about a forfeiture event and not being employed at Normal Retirement Age?"

"If a plan fails an ADP test what are the corrective actions that can take place? [1] I am seeing a lot of answer that state that you have two options if you complete this prior to March 15th (2 1/2 months) of the following year. [a] you can distribute excess contributions to HCES, or [b] you can provide a QNEC to NHCES in the amount necessary to raise the ADP to the percentage necessary to pass the test. [2] Then I am seeing other answers that state if you want to distribute excess contributions you must use the one to one method where you must distribute excess contributions to HCE's and then also contribute a QNEC of that same amount to NHCE's. Does the second option only apply if you did not complete either the distribution of excess contributions to HCE's or provide QNEC's to NHCE's prior to March 15th of the following year, or is that particular corrective action always going to need to include the QNEC in the same amount if you choose to use the distribution of excess contributions method?"

"One of the participant was informed that a RMD was processed for 2023 and he would need to take the RMD for 2024 before he did a rollover. This participant was still actively working on 12/31/2023 although the Plan termination date was 12/31/2023.

• Does the IRS allowance still hold if one is working full time and not terminated from employment will require to take the RMD? Though the Plan termination date is 12/31/2023.
• If, with the plan Termination date all participants needs to be terminated, is it possible to correctly have a 2024 termination date? Therefore the participant can take the RMD for 2024 and not for 2023?
• Or, does the Plan termination date supersede the IRS allowing an individual not to take the 401k RMD in 2023 if still employed, while still meeting the direction to take the 401k distribution and RMD for 2024 by April 30, 2024?'

"We are working with a machine shop that has two unions plus office staff. Benefits are collectively bargained with the 2 unions. One union allows the employees to contribute to that unions 401k plan. The other union however does not have a union 401k plan. But regardless, since all benefits are collectively bargained, both unions can be CBA excluded for the 401k plan for the office workers. Even though the one union does not have access to a 401k plan. Do you agree?"

"I'm applying for a 401k Plan TIN. One of the questions asks 'is the plan liable for non-payroll tax withholding?' Is this asking if the plan will be responsible for transmitting withholding in the future or is it asking if there's withholding for a prior transaction that needs to be dealt with?"