"We have an employee requesting a hardship withdrawal to prevent eviction/foreclosure of a mortgage on their primary residence. The documentation provided shows a mortgage statement under someone else's name, however the address matches the participant's ID and he considers it his primary residence. Not sure how the two are related, but perhaps it's a relative or partner in which I assume he pays rent to (although there is not lease or rental agreement). My question is: can we approve this? Here is the safe harbor definition: 'payments necessary to prevent the eviction of the employee from the employee's principal residence or foreclosure on the mortgage on that residence.' "

"EOY valuation plan, if we use $1k PFB to offset MRC for 2023 plan year (line 35 on SB), should I reflect that in AFTAP/FTAP calculation by reducing $1k PFB? and also override SB line 14?"

"How can the President of a company maximize total contributions to the plan? The plan is safe harbor. There is only 1 other employee who is an NHCE in the plan. He is over 50 so he can defer $30,500 in 2024. Match is 100% up to 6% They have a discretionary profit sharing provision. Roth deferrals are allowed but no after-tax contributions. What is the best way to reach the total annual additions limit of $76,500 for the year?"

"I have a Client who was divorced by Judgement of Absolute Divorce. In the JAD the wife (Plaintiff) was to receive Rehabilitative Alimony for 30 months. The Defendant never provided those payments to the Plaintiff. Now we are 20 years later and the Plaintiff is working on a Qualified Domestic Relations Order to receive the Pension benefits awarded to her in the JAD. Now she is also trying to file a petition to receive the Alimony payments never received, but I notified her that the statue of limitation has passed. However, she can use a QDRO to receive the Alimony payments that she is entilited to receive, as the state that she resides has no statue of limitation on QDROs. Now to get to my question: I am drafting a QDRO for Alimony in a 401k Account, should I include only the exact dollar amounts awarded to her or should the QDRO apply the interest of the investment accounts on the wife's Alimony share, as any account would?"

"Okay, so my company, what's taking out 401K Contributions and then all of a sudden, they stopped. I contacted HR and they said I was never supposed to have been signed up 401K because I just started. So I asked them well where is my money then. Cause it shows on my pay stub. So they contacted the person who handles the 401K. And said that because I came in when they're transitioning over to a new company. That the money was just floating in the air or whatever so they say that they're gonna cut me a Payroll check for the amount that they took out. I asked what about our company match. They said because it never reached Voya, who represents or handles my 401K that I don't get the company match and I explained to them that I don't want to get penalized or anything like that and they said no. But the check was considered loan refund or something like that. So I signed up for the non union plan which is the one I now qualified for and they started taking out money for 401K again. Only 2 payments was received while now 3 payments were received by Voya. When i get paid weekly. My other contributions were never. received so how do I handle this situation. It's been a week and work hasn't said anything to me."

"One of the major providers who is not yet ready to offer e-filing a form 5330 told us that their lack of ability to provide this service meant that the employers would be able to rely on the following exemption posted on the IRS's website and file on paper. Do people agree with that? My assumption is that the IRS told somebody at this major provider that that was the case. Otherwise, they would never tell me that it was an option. https://www.irs.gov/retirement-plans/mandatory-electronic-filing-for-certain-form-5330-filers-using-the-irs-modernized-e-file-system-mef 'If the IRS's systems do not support electronic filing, taxpayers will not be required to file electronically. In general, the filer should maintain documentation supporting the undue hardship or other applicable reason for not filing electronically.' Perhaps it is a stretch to suggest that the provider's inability to process and e-filing of the 5330 is part of the IRS's systems, but again, I find it hard to believe that the provider would've told us this if they hadn't received that response from the IRS. The 'undue hardship' provision does seem to leave the door open towards a response of 'my vendor was not able to do the e-filing'."

"In this MEP, eligibility for deferrals is immediate and for SH/PS it's 1 YOS and semi-annual.... A new company (a partnership, if that matters) wants to join 7/1/24. The entity was established 3/31/24. Presuming there is no prior service to count:

• Deferrals -- this is an individual calendar year determination. The only thing that might cause an issue here is if I have to pro rate comp and someone ends up with a pro rated amount less than they defer.
• SH/PS -- typically, this wouldn't be an issue (however, see TH discussion below). Let's say that they want to do an immediate entry waiver for all those employed on 7/1/24 so they are eligible for the SH/PS on 7/1/24. Again, no short plan year, with the only possible issue if someone defers so close to a pro rated 415 limit that any ER contribution puts them over the top. And PS has no last day or hours requirements, so if I have to allocate something to pass cross-testing, that's fine. Plus it's 100% vested, so no vesting service counting potential issue.
• TH -- many of the smaller companies in the MEP have it where the owner(s) defer the max in the initial year and the regular employees don't defer much, so it's TH and the nonkeys have to get 3% even though they aren't otherwise eligible. Fine, granting immediate entry would cover that.

Based on the no 'short plan year', my gut says that I get to use full-year numbers for everything. Could it be that nice and simple?"