"If a plan terminates late in a calendar year and there is overfunding and the goal is to transfer 25% to a QRP and revert the balance to the employer, must everything occur in the same taxable year? Can the transfer and/or the reversion be spread across 2024 and 2025? Could the required 25% be spread across two years?..would this create two seven year clocks? Could the reversion be spread across the two years? A little simpler, can the transfer happen entirely in 2024 and the reversion entirely in 2025?"

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"If a client has a qualified plan (whether it be 401(k) plan or not) and they exclude a majority of their employees by class does this plan still satisfy the CalSavers requirement?"

"I am working on a profit sharing projection for a safe harbor match plan with prevailing wage. The eligibility for sources other than PW is 21/1 YOS/semi-annual. There are 4 employees receiving PW -- one is HCE (another ugh) and one never met YOS. I was able to disaggregate those not meeting the YOS so the OEE that has PW doesn't need to receive the gateway. The employer gave specific $ amount for several participants and I backed into the HCE $$ by giving them 3x so it passes gateway. Not all NHCEs (6 don't) receive a PS -- it's SH Match and this passes. My question is related to the those in the main test -- if the document states that PW offset PS, SHM and Match -- I am struggling to get ASC to run how I think it should be run. If I click on PW to include in gateway, then it uses PW eligibility and includes ALL employees and is saying it fails gateway because those 6 participants are not receiving a PS. My understanding (and I could very well be wrong), I thought PW would offset PS and would be counted in ABPT but NOT in ABT. The lowest NHCE was 2.65%, so I gave HCES 7.95%. However, the HCE that has PW only shows .21% on the gateway test because most of his ER is coming from PW -- the rest is PW. I messaged ASC to see if there is a work around but figured I'd check with you gurus as well."

"My client has a 2-person 401(k) with non-qualifying assets. The plan covers the business owner and his girlfriend. We have been filing Form 5500SF. They are not legally married but are 'legally domestic partners'. Not sure what that means. For years now we've been advising him to obtain the very expensive bonding needed to qualify for the audit waiver. It's time again to pay the premium again and he is questioning the need for the bonding based on his domestic partnership status. Any comments, experience or thoughts to share?"

"Congress seems unlikely this week to legislate anything for retirement plans. In the 1,547 pages of what might become this week's appropriations, here's what so far I see:

• 555 pages with provisions that affect health care or health plans: division E -- the 'Health Improvements, Extenders, and Reauthorizations Act'.
• That includes additions to, and amendments of, [ERISA].
• Those include new and amended text in ERISA Section 408(b)(2), some of which might affect how that prohibited-transaction exemption applies regarding retirement plans.
• Only eight amendments of the Internal Revenue Code, none of which refers to a retirement plan (unless a retirement plan engages a pharmacy benefit manager).
• An amendment of the Defense Production Act of 1950 would prohibit, and impose penalties on, a covered national security transaction in a prohibited technology.

The next government-shutdown threat would be March 14, 2025."

"A very large PEO that files as a DFE -- GIA does not provide the SAR to those who are participating. The participating employers are concerned of being out of compliance for the Plan participants. Has anyone had a remedy such creating their own SAR even though they did not prepare the 5500 or have the Schedule As from the carriers? Has anyone heard of any consequences for the participating employers?"