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July 16, 2025

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mming created a topic in 401(k) Plans

Profit Sharing Plan Adding 401(k) Features

"A PSP that was set up many years ago is now being amended into a 401(k) plan. Once this occurs, does it have to include LTPT employees or is it excluded from this requirement by virtue of the fact that the plan has existed for a long time?"

3 replies so far   |    Click Here to Add a Reply

TPApril created a topic in 401(k) Plans

ADP Test: Can Switch from Prior to Current After EOY?

"When running the ADP test, I recall it's easier to switch from prior to current year testing than vice versa. I also recall that it must be done by end of the plan year. I'm curious if there are options to change it from prior to current after the end of the plan year?"

1 reply so far   |    Click Here to Add a Reply

ERISA-Bubs created a topic in 409A Issues

Incentive Stock Options: What Constitutes Termination of Employment

"I know ISOs are exempt from 409A. In an ISO, you have to be an employee and you only have a limited time post-employment to exercise the ISO. Under 409A there are specific rules for what it means to have a termination of employment / separation from service. Is there a similar rule for an ISO? In other words, can a company continue to employ someone at a very low level (e.g. 10% of previous service level) and still let them vest/exercise the ISO during that period (i.e. treat them as still an employee)? I know under 409A, that would be a separation (below 20% previous service level), but I can't find any similar guideline for ISOs."

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