"A client would like to exclude bonuses from deferrals but not match. In short, they are finding it a pain to set up the deferral's deductions via payroll, so they don't want to allow participants to be able to defer from their bonus but don't mind matching on bonus compensation. Is this permissible? The match formula is 33% up to 6% funded annually, I believe for anyone that defers over 6% it doesn't matter that they can't defer on bonus they will get match on the total gross. However, if they defer less than 6% then there's nothing to match on. I feel like this set up may be discriminatory.... Here are the match examples ... If they defer less than 6% and cannot defer on bonus, they truly get less of a match than if they deferred more than 6% they end up benefiting even though they can't defer from bonus."

"So my company failed Section 125 Nondiscrimination Testing and a decision was made to change all pre-tax benefits for Highly compensated employees to taxable income immediately ending the FSA program for 2024. Company is refunding all the contributions made to the date. If an employee already made payout on the FSA account, are they legally required to pay back? What happens if they don't?"

"I've had a Safe Harbor plan for a few years under my small business going smoothly. Small group plan, with 6 participants, and me as owner of the S-Corp. In April of 2023, I purchased an existing Laundry business (different industry than the S Corp business) and from day 1 have been using a PEO for the 3 employees of the laundry biz. The PEO offers benefits including retirement savings options that I'm not too familiar with. Since my wife and I own the laundry business LLC 50/50, and are not employees with the PEO (just owners), is the controlled group definition going to be a mess? I am sole owner of the S Corp business with the established Safe Harbor plan."

"I am a Paralegal and I am assisting a homeless woman divorcing her husband. In the Domestic Relations Order, should I include the total months of marriage and total months of employment so that the Plan Administrator will know how to divide benefits?"

"Looking for a interpretation ... from the 1099-R instructions. If someone separated from service earlier in 2024 and takes a distribution now but are only age 54. Are they exempt from the 10% early distribution penalty because they will turn 55 later in 2024?"

"Is the Plan year in the Form 5500 and the Form M1 to match? The instructions in the Form M1 do not provide instruction on this. On page two the instructions note to use the same identifying information but do not classify if the Plan year is to be included in this case."