"Owner died last week. 2024 RMD has to be processed to his wife (not his first RMD). Can she request the entire amount, $55,000 plus, be withheld as taxes?"

"Plan is a MEP that has been in effect since the 90's. Company that is established in 2023 decides to become a Participating Employer in 2024, and adopts the Plan in Summer of 2024. Since there is an exemption from the automatic deferrals for a firm that has been in business less than 3 years, I believe that Automatic Enrollment would not apply for 2025 since the business has not been in effect for at least 3 year on 1/1/2025. Does this exemption then end in 2026 since the firm will then have 3 years of business at that time? Basically, does the exemption end once the firm has been in business for 3 years?"

"I assume the contribution limit for 2025 is $81,250 for those who are age 60, 61, 62 or 63 as of 12/31/2025? Example: employer contribution of $46,500, deferral of $23,500, regular catch up of $7500 and super catch up of $3750. Is that correct?"

"Does the plan document need to have an amendment that allows for the participant to self-certify the request? Does the participant need to provide any documentation to the Plan Administrator/Trustee for the hardship reason and the amount required? The request is being made for the full amount in the participants account."

"I have never seen this before. It show posted and suppressed. I cannot reverse it. I cannot un-suppress it. Has anyone else seen this? Does anyone have a resolution? Do I need to contact Relius directly?"

"1/1/2023 to 12/31/2023 ADP test failed. HCE is due an ADP refund of $3,000. The HCE in question took a full in-service distribution in June of 2024. He rolled it over to an IRA. He continued to defer into the 401(k) plan, and has deferred approximately $5,000 from June of 2024 to current date. When correcting the failed ADP test for plan year 2023, is it permissible to refund the $3,000 based on his current account balance (of the $5k deferred in 2024)? Or does the rollover to the IRA need to designate that $3k was ineligible to be rolled over?"

"We currently cover 100% of the insurance premiums for our group health plan for individuals and families. We would like to reimburse the out-of-pocket cost of the group medical insurance premium cost, for an employee and their family, if they should choose to stay or move to the spouse's employer's group medical insurance program. We would make the reimbursements on a post-tax basis. Our thought is that this would not create a plan under current regulations. Are there an ACA issues with reimbursing employees in this manner?"

"Looking at a take over. Interest crediting period is determined on a pro rata basis upon termination. If I want to amend it to zero i.e. no adjustment until year, is this 411d6 issue?"

"The new participant count methodology for purposes of the audit waiver is participants with a balance at the beginning of the year, with an exception for new plans which use participants with a balance at the end of the year. I'm looking at a 5500 for a PEP with the following facts:

• Plan was effective 9/1/22
• Plan filed a first return for the PY ending 12/31/22.
• Plan had 9 Participants with a balance at 1/1/23
• A new employer became an adopter of the PEP 1/1/23
• The new employer ends up with 160 participants with a balance at 12/31/23

This seems pretty straightforward to me. Its not a new plan and there were only 9 participants with a balance as at the beginning of the year, no audit is required for 2023. With 160+ participants with a balance as of 1/1/24, the plan will need an audit in 2024. I'm getting disagreeing opinions on the audit requirement for 2023. The argument is that because the new adopting employer ended had 160 participants with a balance as of 12/31/23, they also count towards the beginning participants with a balance count, which then is over the audit threshold. Anyone disagree with me that the plan does NOT need an audit for 2023? The fact that its a PEP shouldn't change things here since its one plan and one 5500."