"I have a somewhat large Profit Sharing 401(k) Plan where everyone has individual accounts. The Participants all have an investment account (with Advisor X) where their profit sharing and deferral contributions are deposited. More than 50% of the Participants also have individual advisors with separate accounts at other financial institutions. Periodically the assets are moved from the Advisor X accounts to their separate individual advisor accounts. The Plan Sponsor is thinking of doing away with the individual advisors and forcing all Participants to house their assets under a single platform provider. This will most likely meet with some resistance so they want to allow individuals to periodically take in-servive distributions in order to rollover their assets to an IRA with their individual advisor. The biggest issue with In-Service is that about 5 years ago the Plan Sponsor merged their old Money Purchase Plan into the Profit Sharing Plan. The old Money Purchase accounts have been maintained separately from any of the Profit Sharing Accounts and we have always restricted In-Service to those age 62 and over. Is there anyway, short of terminating the entire Plan, to get the Money Purchase Accounts out of the Plan? Can the Profit Sharing 401(k) Plan be terminated and only allow the Profit Sharing and Deferral money sources to be rolled directly into a new 401(k) Plan? Any ideas would be helpful."

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"I've been trying to determine if the Seventh Circuit Court of Appeals has "ruled" one way or the other on the validity of post-distribution lawsuits from ERISA covered Plans to recover monies paid to ex-spouse that explicitly "waived" ANY benefits of ANY SORT ,i.e prior to death of the plan participant as well as entitlement to any death benefit(s)? If so, can someone please provide a case citation?"

"Employee terminates with an underspent HCFSA and is offered FSA COBRA. Employee pays COBRA premium for 2 months, exhausts the annual FSA balance during this time and wants to terminate COBRA premium after 2 months of COBRA. Is there anything stopping the employee from doing this? The COBRA administrator is claiming that if the participant fails to continue payments through the end of the year, any claims paid above what was contributed should be retroactively denied? Thoughts? FYI, COBRA admin is different than FSA admin, so I don't think the FSA admin would even find out, but curious to know what is correct."

"Is there information out there about how the long term part time rules inter play with leased employees? A plan sponsor uses a temp staffing agency for their workers and while most never work 1,000 hours in a year to ever meet regular eligibility, there are probably a number that would be classified as LTPT under the SECURE 2.0 rules. Does the sponsor need to offer the plan to the LTPT workers? What if the doc excludes leased employees? What if the doc doesn't exclude leased employees -- is the answer different? Assume the staffing organization does not offer a retirement program."

"Does anyone know if an otherwise eligible employee should receive eligibility service for periods on a military leave of absence? Employee was called to duty shortly after hire date and question is whether such service is disregarded for purposes of calculating 1,000 HOS eligibility requirement."