"Client just informed me that the RK (no name) returned the 2023 PS contribution to him in January (he just informed me a few days ago). He sent them the check back in September. As this is a combo plan, there are 2 issues:

• Deduction was taken for 2023 but deposit was not made
• Gateway/top heavy is not satisfied

Anyone came across a situation like this and what is the correction?"

"Husband owns 100% of Company A. Wife takes a minimal Salary there. 401k Safe Harbor Match Plan has employees. Wife Owns 100% of Company B. Sole employee. Wants to start a DB Plan for Company B. Entities are in entirely separate industries with no crossover whatsoever wife is on payroll to help over the summer as her work is seasonal in Company B. Under Section 315 of Secure 2.0, would this not be deemed a controlled group since Husband does not work for Company B at all? Or is it since she works for Company A as an employee?"

"A small Non-profit entity has a 401k Profit Sharing Plan with Safe Harbor Non-elective contributions. The Discretionary contribution is set up as each participant is in their own allocation group. There are no highly compensated employees. All eligible received a 3% Safe Harbor Non Elective. They want to give one particular employee a Discretionary contribution to reach the 415 Limit. This exceeds 25% of that participants W-2 income. Are they in violation of Section 404 since that employee is the only one benefitting from the Discretionary and should be limited to 25% of Benefiting Employee compensation? Since the other employees received the 3% Non-Elective are all compensations considered for purpose of determining Plan compensation for Section 404? Because this is a non-profit does Section 404 even matter?"

"I'm wondering if anyone knows of good certificate or other online courses that would be good for non-attorneys working in the ERISA legal world. I've gone through ASPPA and CEBS already -- so i'm looking towards more legal-centric options (like estates, legal writing, etc). Not interested in a full masters program or anything of that sort."

"The question has come up if the death benefit can be directly rolled over to a trust for the benefit of the minor, or can it be designated as a beneficiary IRA? I'm really not sure on this one, due to the fact that there was no 'designated beneficiary' by the participant. I believe it has to be under the control of a guardian/Trustee until age of majority regardless of rollover status. Thoughts?"