"Pre-approved plan document. Safe harbor nonelective. Eligibility is a checkbox which is for BOTH deferral and safe harbor. Per diem employees excluded. NHC per diem was allowed to defer. For correction, if it was under VCP, I'd comfortable at least ASKING to retroactively amend to allow the deferrals only, even though the IRS might reject it. But for self-correction, I don't see it as a valid choice -- you are retroactively amending and waiving the exclusion, and therefore I think it has to be the full Monty. Any thoughts? Only one NHC, and not worth the cost to file VCP anyway."

"Imagine the responsible fiduciary of an individual-account retirement plan with participant-directed investment decides to use a set of target-year funds for the plan's qualified default investment alternative. Each of those funds describes its investment strategy with this: 'The fund invests according to an asset-allocation strategy designed for investors planning to retire and leave the workforce in or within a few years of 20yy (the target year).'

"How should a fiduciary select the age at which a default-invested participant is assumed to leave the workforce? 60? 62? 65? 67? 70? 73? Assume the fiduciary does not know when the plan's participants leave the workforce because almost all people who leave the employer go to work for another employer.

"If the fiduciary knows that the plan's participants all are knowledge workers, does that suggest anything about what leaving-work age the fiduciary ought to assume? Whatever else a fiduciary might consider, is there some advantage to falling in with a recordkeeper's norm? Do recordkeepers have a norm? Am I imagining a choice a plan's fiduciary doesn't practically have because a recordkeeper will require its customer to use the recordkeeper's regime for sorting default-invested participants?"

"An individuals has 100% ownership of two separate companies company A and company B. With having a brother-sister control group. My question(s) are: [1] Is it safe to assume this individual can sponsor two individual SIMPLE IRA plans, one for each company and be considered compliant with control group rules? [2] Would it not be acceptable to sponsor a SIMPLE IRA at one and a SEP IRA in the other? [3] Would it not be acceptable to sponsor a SIMPLE IRA at one and a 401(k) PS in the other?"

"We have a transaction where a disqualified individual under 280G is getting stock options from the buyer. These will be granted contingent on the change in control, but they will not begin to vest until a year after the closing, and then only monthly over several years. I understand that they are granted contingent on the change in control, but does the fact that they are unvested, and won't even begin to vest for a year, make a difference?"

"A general question as researching it. Have you ever switched from a BOY to an EOY val? I am aware of the other way around with automatic approval. If you have, can you share how managed it, if possible?"

"No 5558 was filed for a calendar year plan. Their corporate taxes were extended and are due 9/15. I've never had a calendar year plan 5500 due on 9/15 but it would seem like that fits the definition of the Automatic Extension?"

"I have an overfunded DB plan. Distributions will be made in October. Two Participants are over 73 and are required to take RMD. If all participants choose a lump sum distribution, are the excess assets allocated to the PVAB minus the value of the RMD, or are the excess assets allocated to each participant's PVAB? In the second case, the over 73 participants would receive a larger share of excess assets."

"A cash balance plan had a fresh start effective 01/01/2023 when it had the Cycle 3 restatement. The owner (a physician) wants to know if s/he could do another fresh start to increase the benefit formula in order to increase the tax-deductible limit. Can this be done right away or should s/he wait/? if s/he needs to wait, how long?"