"I was employed with a HDHP and had been making contributions to an HSA. My employer had financial problems and it seemed I would lose healthcare. I was 65 at the time, so I enrolled in Medicare part A & B effective June 1, 2024. The company is now back on a solid financial footing and I would like to cancel Medicare and start contributing to to my HSA again. My HDHP coverage is still in effect, in addition to the Medicare A & B. I would like to terminate now, then re-enroll in Medicare in 2-3 years when I retire. I understand it is possible to terminate Medicare A & B using Form CMS-1763. What is unclear is whether I can restart HSA contributions. I would appreciate any advice."

"Recently, the U.S. Labor department announced a voluntary information collection request. It invites a retirement plan's administrator to furnish the name and taxpayer identification number of each separated vested participant owed a benefit (or whose beneficiary is owed a benefit) and is (or would be) 65 or older. See column R on Federal Register page 91801. Should a plan's administrator voluntarily do this? If a plan's administrator evaluates whether to do this, what should such a fiduciary consider?"

"it's been determined that a plan sponsor for a large plan did everything right with their payroll uploads, but the payroll company caused a delay in depositing the 401(k) contributions. Plan sponsor has since deposited lost earnings and then reported this on multiple 5500's, only now being advised to file a VFCP. No 5330 ever filed though. The delinquent contribution amounts are not de minimis, even by potential revised VFCP standards, though lost earnings are under $5k. Based on this error, and I know it's often a judgement call, would it be fair to amend the 5500's to remove the delinquent contributions and not go through the effort and cost of a VFCP?"

"I am a TPA, and I have about 15 clients that had participant distributions from their plans during 2024. That's 15 separate plan-sponsors. I use Datair -- I input each individual's 1099-R data, and print the 1099-R for the participant and the plan's copies. Then I move on to the next sponsor. I do this on paper forms that I order, and feed into my printer as I print each 1099-R. Am I now required to use the IRIS system? Or can I keep on doing it the way I've done it -- print XYZ's 401(k) Plan's 1099-Rs, then print ABC's 401(k) Plan's 1099-Rs, and so on? ... In other words, it's the sponsor who has more than 10 1099-Rs to file that has to use IRIS. If I'm filing <10 1099-Rs per client, I as a TPA don't have to. Is that right?"

"We have a calendar year 401(k) Plan with entry dates of 1/1 and 7/1. The plan excludes compensation before plan entry. A young, Non-Key HCE entered the plan on 7/1 and needs to receive the 3% top heavy minimum on pay for the full year. When performing cross-testing we are only using the employee's pay while eligible (7/1-12/31) and it is blowing the test. Question: Could we use pay for the whole year when doing our new comparability testing? The plan document does not specify what compensation to use when cross-testing."

"We have a DB plan that inadvertently paid a lump sum to a 'restricted employee' (i.e. one of highest 25 paid) without first meeting the conditions of Rev Rul 92-76 (eg putting money in escrow, pledging additional property, securing a letter of credit). Any ideas what an acceptable correction method would be?"

"Company B was acquired by Company A and is adopting their plan effective 1/1/2025. Company B has a discretionary match with a vesting schedule while company A is a safe harbor match plan with no vesting on the safe harbor or profit sharing. Is it permissible to make everyone at Company B 100 vested with their funds that currently are not 100% vested? I know going forward there would be no vesting but what about the funds that are currently forfeitable?"

"Company A just purchased Company B (December 5, 2024). Company B will be adopting Company A's Safe Harbor 401-k Plan. Company B currently has a Simple IRA. I am being told we need to wait to terminate the Simple until 12/01/2025 because the participants must have a 30 day notice? Does the fact that they are being acquired impact this? Any thoughts would be appreciated."

"Can an employee make a deferral into the plan with money received as severance before the plan termination date or can it be made even after the termination date? Also, does the employer has to put in a match (Safe Harbor) on the severance pay?"

"Today is the 25th anniversary of the date the BenefitsLink Newsletter began daily publication.... (The newsletters had begun four years earlier, but they weren't being published every day.) ... Some lawyers and TPAs and other benefits practitioners have found work through our job board that's been running since 1996 ... which means there are people walking around on the planet now who wouldn't be here but for this 'web site' thingie that started in 1995, and then the idea of sending 'newsletters' by 'email.'

"None of that would have been possible without our readers.... [H]ere's to employee benefits practitioners everywhere! It's a wonderful community, and for 25 years now and still counting, we are so happy to be a part of it."