"If someone has an outstanding loan but has now incurred a hardship (notice of eviction), can they take the Hardship Distribution?"

"We have a client with a SIMPLE plan that is considering replacing with a safe harbor 401(k) plan. We *think* that's not possible for 2025, because we would've needed to terminate and replace by 10/1 -- and it's too late for a 30 day notice. Are we thinking correctly? Alternate option we were thinking is to open a profit sharing only for 2025. We are getting conflicting information on whether you can have a PS only at the same time as the SIMPLE."

"New client has solo-k for 15 years, didn't realize he needed to be filing returns once his assets exceeded $250K. He thought all was well, until he tried to transfer his plan to a new custodian. He has hired employees and wanted to allow the employees to participate in the plan and thought the new bundled provider would be a better fit for that. Provider says whoa.. wait a minute...we can't take your plan (at least not like this). You need a TPA. So here we are...another solo-k gone wild.

"Unbeknownst to the client, his employees current and past are already eligible for the plan because the solo-k has immediate eligibility (and immediate vesting). So he's looking at some missed deferral opportunities, some top heavy failures, some failed ADP issues. Not to mention his plan document has not been amended or restated since it was initially adopted with that cute little account application/adoption agreement...and he needs 15 years of 5500 filings to be completed.

"So my question for today is: part of his filings should have been EZ filings and part of his filings (after adding employees) should have been SF filings. Would you file all the late filings as SF filings under the DFVCP because he now meets title I of ERISA. Or, should the years where he was truly a solo-k be filed on an EZ through the IRS's penalty relief program?"

"Have a 401(k) plan that is a safe harbor plan with salary deferrals, non-elective safe harbor and profit sharing. Would there be any problems or additional testing requirements if the plan had the following eligibility requirements: Salary Deferrals -- immediate entry after working 100 hours. Safe Harbor Nonelective -- immediate entry after working 1,000 hours. Profit Sharing -- immediate entry after working 1,000 hours. In other words, they want almost all employees to be able to fund salary deferrals soon after being hired but only want to provide employer contributions to those who who are full time and almost full time."

"Effective 1/1/25 new 401k plan becomes subject to the EACA mandate rules -- the plan applied auto enrollment at 3%. A provision in the EACA proposed regulations states that if a participant makes an affirmative election (opts out to 0% or elects 1 or 2%) and remains eligible, then he cannot be re-enrolled unless his affirmative election has been in effect for a period of at least one plan year....

"The plan has decided to become a QACA on 1/1/26 and they want to use the initial period (years 1-2) for increases rather than annually each 1/1 So my question is -- can the QACA re-enroll these participants with affirmative elections in effect for less than one plan year on 1/1/26 at 3% with the first increase to occur on 1/1/28 the end of the QACA initial period? Can the QACA expiration of election rule override the EACA mandate rules?"

"Can RSUs be settled with parent company stock instead of stock of the employer/subsidiary?"