"We have a 401k plan participant who passed away recently. Her spouse died a few years ago and there is no beneficiary named. In this case then we would deal with her estate. But how (far) and what verification is needed to determine who is responsible? I assume we would need to see a copy of her will to see who is the named executor which would settle that. But (gulp) if there is no will, what would be the procedure? We can't just have a family member jump in without any verification and work everything out through them?"

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"We have a Plan that was once a dual Plan, but has since Frozen the Cash Balance Plan leaving the Profit Sharing Plan to operate as a stand alone Plan for now. It's a Safe Harbor Match (safe harbor formula). The Top Heavy Testing is right on the border, but since it is a Safe Harbor Match I believe they are exempt from the testing and are only required to make the Safe Harbor? I just wanted to make that was still the case, since there would be no Cash Balance Contributions and the Key Employees are only going to receive 401(k) and Safe Harbor Matching contributions."