"All this time we have been reading and planning for this provision to start 1/1/2026. However, I saw in the final regs 'The final regulations generally will now apply with respect to contributions in taxable years beginning after Dec. 31, 2026.' Does this mean that plans do not have to implement this until 1/1/2027? Am I reading this wrong?"

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"Plan has immediate entry for deferrals and 90 days for match and profit sharing enter 1st of month following. (MT & PS have no allocation requirements) I have a participant hired 9/23/2024 and a termination date is 12/20/2024. Was not employed on 1/1/2025 but received a final payroll on 1/3/2025. Would she be entitled to receive the match and profit sharing?"

"With a new comparability profit-sharing allocation for a safe-harbor 401(k) PSP. Would you still need to test the average benefits test, rate group and gateway for a pro-rata allocation to all eligible participants?"

"S is in a parent-sub controlled group with 6 subsidiaries: C, D, E, F, & G. S will sell to B all of S's assets in subs C through F. All of those subs' employees will work for B post-sale. At an uncertain future date, S will sell G's assets to B. At no point will S become part of B's controlled group.  S participates in a multi-employer DC Plan with Z. They are the only two participating employers. S controls all aspects of the Plan. S owns a small stake in Z, but not enough to bring Z into S's controlled group.

"S's plan operates on a fiscal year, ending on 9/30. The plan uses a NEC SH. The plan will continue NEC contributions for the upcoming plan year. If S were to terminate its plan on 10/20, the date of closing, or shortly thereafter would it qualify for the IRC § 410(b)(6)(C) short final year exception for the NEC SH, despite no change in controlled group? Likewise, S will no longer own any part of Z as of 12/31. Does this change your analysis at all?

"I'm stumped on this because Treas. Reg. § 1.410(b)-2(f) states that an asset sale qualifies under 410(b)(6)(C), however Section 410(b)(6)(C) also states that a change in controlled group must occur for the exception to apply. It just does not make a lot of sense for an asset sale to qualify under 410(b)(6)(C) when asset sales infrequently result in controlled group changes, as the seller remains intact immediately post-closing. My hunch is that 410(b)(6)(C) does not apply for either the 10/20 asset sale because no change in controlled group will occur, and that the sale of S's interest in Z to Z's other owners does not alter this analysis."

"One-person plan has annuities in his plan. He has beneficiaries designated for the plan (his children). However the annuity company is asking for a beneficiary for their records. I'm unsure, is the Plan the beneficiary, so that the Plan can receive the proceeds and then distribute the assets upon death? Or do the annuities designate the children specifically since that is who is ultimately getting the proceeds?"

"I'm curious how much detail EBSA requires on a VFCP application for Lost Earnings? Whereas we have individual amounts that were calculated by the recordkeeper for each period, the recordkeeper will not provide their actual calculation, i.e., how they calculated it. Per application requirements, is it sufficient to just submit the individual lost earnings amounts that were deposited for each late contribution, or do we need more than that?"