"We have a new client that recently purchased annuities for all of its participants (small plan with under 20 participants, all either retired or term vested at time of purchase). This leaves the plan with zero participants and about $500K in assets that will be used to pay the remaining administrative expenses (final valuation, government forms filing, audit fees, etc.), with whatever is left over after that being reverted to the employer (with applicable taxes due on the reversion at that time). The client now wants to officially terminate the plan. Obviously this approach is opposite of what we usually see (i.e., usually we formally terminate the plan first, then move on to the purchase towards the end of the process). Has anyone ever dealt with a plan termination after all participants have already left the plan? Does this change the typical IRS and PBGC filing timeline/requirements?"

"How should the IRS compliance question for nondiscrimination testing for 'how the plan intended to satisfy' the requirements for a plan that terminated in a prior plan year? The form instructions say to 'Check N/A' if the plan is not required to test for nondiscrimination under Code section 401(k)(3), such as a plan in which no HCE is benefiting. I took a look at this section which discusses safe harbor requirements and saw a statement about the final plan year but it still wasn't clear to me all of the exceptions the form instructions were trying to refer to.... Since the plan year relating to this 5500 is one following the plan termination date and is when the final distributions occurred, would N/A be the appropriate response?"

"An employee turned in her paperwork and payroll missed setting her up. We are fixing with the 50% amount of missed deferral plus income. My question is does the plan safe harbor match apply?"

"Can an investor with a real estate investment LLC but no 'earned' income establish a solo 401(k)? The 401(k) would receive rollovers to be invested, but no contributions unless there is future earned income. Is establishing and rolling into a 401(k) allowed, even if contributions aren't?"

"Plan has 6-month waiting period for deferrals with entry on the first of the following month. I know I can exclude those with less than a 12-month wait but I am wondering about the entry date. The plan has monthly entry date for deferrals and match (no SH nor PS). I'd like to apply the semi-annual date which would remove lots of zero NHCEs. I know it would be more conservative to use semi-annual. Thoughts?"

"Can New Company start a 401k plan effective 1/1/24? New Company with new EIN -- owned 100% by one of the partners of Old Company. Old Company -- owned 50/50 with a partner. They split up and dissolved the company (12/1/23) and each started their own company. Employees went with them mostly. Old Company had a 401kPS and DB plan. Both plans are terminated (December 2023) but not fully paid out yet."

"I have a situation where one company was bought. Both have plans, one being a safe harbor match plan and the other discretionary match. They have apparently missed the deadline to merge the plans/make the plans equal with same benefits. Is it possible to elect safe harbor option for the non safe harbor plan before the end of the year (each plan is calendar year) given that the plan is out of compliance or do we need to wait until the start of the next plan year with notifications provided in the 4th quarter?"