"Looking at a takeover combo plan which was done in software A and I am checking it on software B CB plan uses full year salary where DC plan uses salary from DOP. I have not had one of these in sometime so am conflicted with the different results. Only DC provides top heavy. The way the prior TPA did the calculations with software A, they calculated the DC EBARs gateway using salaries from DOP and they added those results to CB EBARs. Overall testing was done using full year salary. The way my software B does the EBARs, looks at both plans, picks the higher salary and applies gateway to the higher salary. Are both methods acceptable?"

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"Under an IRS audit, it was discovered that the most recent statement of the plan documents indicated that eligibility used the elapsed time method. The prior (correct) statement indicated the eligibility required 12 months of service in which you work 1,000 hours. The plan has always been operated with the 1,000 hour requirement. Would this require a submission through the VCP or would a self-correction in the form of an amendment suffice? The fact this was discovered under audit and is a 'further restricting' amendment has me worried that this would require the correction filing and fee to the IRS. (Plan is profit-sharing only / no deferrals)"

"Saw a thread on here about 20 years old but curious if the theory still holds up. Company has 4 divisions, A, B, C, and D under 401(k)(13) safe harbor plan. All divisions receive the QACA safe harbor match. Company wants to make only Division D eligible for an additional/enhanced match. Can this be done? If Division D passes 410(b) on its own, the benefit passes 401(a)(4) inside of Division D, and the benefit passes 401(m) inside Division D, is this allowable with a plan/SPD amendment? Any other concerns or things I'm missing (i.e. does a test need to be for the controlled group as a whole vs just division d)?"

"one-person plan in which owner has a loan with quarterly payments. They want to push off loan payments by a quarter. Doesn't seem right, but in so doing, they never default. What could go wrong?"

"I submitted a QDRO to a Court in Maryland for my Client to receive her portion of Pension benefits as outlined in her JAD. However, her ex-husband has not been cooperating in signing the order, so we decided to file a 'Motion to Expedite' entry of QDRO, but the Judge denied the motion. What should be done in MD when a Judge denies a QDRO. I'm a bit concerned that the Judge thinks the Statue of Limitation has run because this Divorce case took place 18 years old. However, Potts v. Potts ruled there is no statue of limitation as QDRO. Just looking for some help."

"I have a solo 401k plan with Vanguard. I am trying to role it over to a solo 401k plan at E*Trade. My current plan is sequence number 001 at Vanguard. I was told at E*Trade since it is a new plan (ie xyz NEW solo 401k) I should use sequence number 001. However it is still obviously based on the same EIN. So should it be 001 or 002?"