"I have a long time client that has both a 401(k) Plan and a Cash Balance Plan. These plans have been in place for quite a while and each has 1 -2 million in assets. Here's the problem, the defined benefit plan's assets consisted of all CD's. As they all became due during 2025, the proceeds from the CD's were mistakenly transferred to the 401(k) plan leaving the DB plan with zero assets. I don't see any good solution for this problem. If I was pressed, I would suggest transferring the assets back into the DB plan with an estimated income adjustment. Using this approach, how much risk would there be if the plan would be audited in the future? Could the risk potentially be as great as a disqualification of both plans?"

"Employer made a significant amount of mistaken contributions to retiree-only HRA trust. The trust contains ERISA Section 403(c)'s prohibition on return of erroneously made contributions (mistaken contributions can only be returned if discovered within 1-year of error). Here, the mistakes were discovered after the 1-year period. Employer is not requesting a refund, but instead asking to 'offset' future required contributions to the trust by the amount of the mistaken contributions. Anyone know of legal support for the offset in a case like this? Would the offset violate ERISA Section 403(c)?"

"Employee elected 100% of pay to be contributed as pre-tax elective deferral. The elective contribution would of course be reduced by payroll taxes, but can it also be reduced by income tax withholding? Unique situation here where someone has a $10k supplemental wage payment, elected 100% elective deferral (which is permitted by plan). Should there be income tax withholding on the amount of employee share of FICA & Medicare taxes, so as to reduce the elective deferral? Is there authority for that, or should the elective deferral be equal to 100% of ($10k -- EE payroll taxes)."

"Existing DC plan, current participants are past age 65 (NRA). Starting a new DB plan for 2025 which will have NRA 65 with 5 YOP i.e. if someone is currently age 67, NRA is 72. I have 3 participants all past 65 with different ages. Currently 66, 67 and 68. For DB, NRA would be 71, 72 and 73 (they are all past NRA under DC). What ages am I testing them for combined plans?"

"I have a daughter interested in this field. I've been in this filed for 25 years. It's a completely different line of work than her current experience. She is currently a homicide detective so a definite shift. Unfortunately every job listing wants at least a years experience. How can she break into this field with zero experience but clearly smart enough to learn it quickly being she is the youngest detective in VA I believe. Her Bachelors is in Criminology. Suggestions? Or companies willing to train a brilliant new employee. She is very bright. I'm happy to pass on any suggestions or opportunities. She is looking for fully remote or hybrid and is in the Loudoun County VA area."

"We have a 401k plan with a 3/31 PYE. We filed a 5558 before 10/31, completed the 5500, which was filed around 12/20. However, the IRS sent a letter stating that the 5558 was received late and therefore was rejected. The 5558 was not mailed with tracking and not filed electronically. Just curious as to whether the plan sponsor has any options here. They already filed, apparently late, but that has not yet been 'caught' or addressed by the IRS. Can they file via DFVCP, pay the fine, and put this behind them? But is DFVCP available if they are already filed?"

"If a 401(k) plans is terminating and if there is a MPP source does it require a 204(h) notice and if yes, who should be sending this notice?"