"We have several 401k plans with Schwab and Fidelity all in brokerage accounts. Neither prepares the 404(a)(5) disclosure notice. Should they? If not Fidelity or Schwab, who would prepare that? The financial company that set up the accounts? The TPA? Someone else?"

"The plan requires the following Vesting Years of Service 1-yr 0%; 1 yr - 50% and 2 yrs 100% on PS and Match. Years are based on Anniversary Year and there is no hour requirement for vesting. Plan as immediate eligibility as background. Example: DOH 3/1/2023; DOT 9/30/2024. The plan record keeper has their distribution set at 50% vesting because according to them the participant did not complete the second full 12-month anniversary year. The participant did complete 1000+ hours in the first anniversary year and in the second short year. I realize a Year of Service for vesting cannot require more than 1000 hours but can it require a full 12-month Year of Service? As I write this I'm thinking this person perhaps should have been 100% vested. The record keeper directly mentioned they did not make it to their second anniversary date for full vesting. I realize this plan is much more liberal over vesting than allowable. One alarm in the plan document system (FIS) I cannot get rid of the mention of 1000 hour for a Year of Vesting Service even though that is not checked. As a side note FIS users when I choose elapsed time for vesting, I cannot select Anniversary Year instead of Plan Year for vesting service determination. Comments are greatly appreciated."

"The eligibility requirements in DC and DB plans are different, so NHCE A is eligible in the DB plan but ineligible in the 401(k) plan. When running combo 401(a)(4) test, do we need to prepare an amendment to bring A into the 401(k) plan so that he/she will be able to get the GW min in 401(k) plan? OR A is not required to get the gateway minimum as he/she is ineligible in 401(k) plan?"

"If a plan sponsor wants to undo a plan termination, is the 100% vesting that was stated in the resolution to terminate also reversible? The resolution is not a plan amendment and hence the plan document has not been modified. I am thinking that if the termination resolution stated that all benefits were vested as of the termination date and subsequently a resolution is executed to nullify the plan termination the 100% vesting could be reversed as well. The plan vesting schedule was never amended. I would think certainly benefits accrued after the termination date could be subject to the vesting schedule going forward. Any thoughts on this?"

"Plan has a prevailing wage contribution that is NOT an offset contribution, but a straight QNEC. Plan also has a 4% PS contribution: It excludes participants who 'receive' the PW contribution from the Profit Sharing. In reality, they excluded all hourly employees from the PS contribution. Of course, the plan does not pass coverage testing on the ratio basis. Additionally, I believe the plan needs rate group testing as they have different levels of ER contribution. Question: Can the plan be tested on an accrual rate for the ABPT for coverage, then on an allocation basis for the rate group testing?"