"A non-owner employee works for a company that sponsors a 401(k) plan to which she defers regularly, sometimes the maximum amount, and receives employer contributions. She also owns her own company and is considering adopting a 401(k) plan for it. If I recall correctly, she would be able to defer the full 402(g) limit as well as contribute the maximum 415(c) limit to her own plan even though she's deferring and being allocated profit sharing amounts in her employer's plan -- is this accurate?"

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"A DB plan that has a shortfall shown on the SB, was efiled, however, the attachment for the shortfall amortization was not attached to the filing. The rests of the attachments were properly attached. It shows up on the e fast that the forms were received. However, on the filing system a error message shows, since it is missing this attachment. [1] Must this filing be amended and then refile and include this attachment? [2] The original filing was filed under the special extension until Feb 3rd 2025 (extended past 10/15/24). If it needs to be amended, should the amended box and special extension box both be checked off or just the amended box. Or to be safe just check both boxes?"

"A participant made ineligible deferrals in 2024. There is no mandatory withholding on the excess deferrals using code '8'. However, can the participant choose to have taxes withheld?"

"Bundled 401(k) service provider wants to attract rollover contribution dollars. Accordingly, the provider wants to offer a promotional program where a participant will not be charged an asset-based fee for 6 months on any rollover contributions made to their 401(k) plan. At the end of the 6-month period, the participant will be charged an asset-based fee on the rollover contribution account that is equal to the asset-based fee for all other accounts in the plan for all other participants. In addition to providing administrative services, depending on the plan, the bundled provider offers: (a) directed trustee services; (b) 3(21) or 3(38) services; (c) online participant managed account services; and (d) discretionary trustee services for pooled accounts. Other potentially relevant facts:

• Proper and timely service provider and participant fee disclosures will be made.
• This offer will apply to all participants in a given plan regardless of the participant's existing account balance and regardless of the amount of the rollover contribution.
• Marketing materials will not be deemed to be providing investment advice (or any other fiduciary services beyond what is already offered in the plan).
• Participant education services -- but not investment advice -- will be provided to participants in connection with this 6-month promotional offer.

Any issues? Benefits, rights and features issues? Prohibited transaction issues? Any action the trustee should take to minimize any DOL/IRS risk?"

"Section 401(k)(4)(A) allows providing a 'de minimis financial incentive (not paid for with plan assets)' for a participant's choice to elect deferrals. BenefitsLink neighbors, have you seen anyone do this? What was the incentive? Who paid for the incentive -- the employer? Or a service provider? Did the incentive result in the behavior the payer wanted? Did the payer find it received good value for the payer's money?"

"As of this morning, it appears HHS has removed nearly all of the Section 1557 subregulatory guidance (FAQs and Fact Sheets). Entries still appear in search results on the HHS website (as of noon-ish on Feb. 5), but the content itself is gone. (Also see the link here to OCR's Section 1557 section -- it's broken.) Archived copies should generally be available at web.archive.org (although I didn't check for each and every missing page), but it does appear that the current guidance/enforcement may be changing."