"Is anyone aware of guidance regarding exactly how the distribution (and in some cases, return) of overpayments should be handled for 1099-R purposes, under the new rules of 414(aa) and 402(c)(12) (as added by Section 301 of SECURE 2.0) and Notice 2024-77? I can see several permutations that might affect reporting, including not only whether repayment is sought, but also whether the amounts were originally taken in cash or rolled over, whether repayment is sought in the same or a subsequent taxable year, and whether any repayment occurs in the same or a subsequent taxable year. The 1099-R instructions don't appear to address these issues."

"An employer is insisting that they filed Forms 1095 for 2023 and 2024 (when electronic filing was required) without filing a 1094 for each year. Is that even possible on the AIR system?"

"I’m now reviewing a draft of a plan’s restatement. (The draft is not from the recordkeeper, nor my firm.) The IRS-preapproved documents lack items to specify which of SECURE 2022’s optional provisions the plan includes or omits. For whatever plan amendment ought to be done by December 31, 2026, the plan sponsor (following its internal business reasons) wants to do everything now. What’s an effective way to document the plan’s SECURE 2022 optional provisions (without defeating reliance on the IRS’s opinion letter on the IRS-preapproved documents)? Or is the plan sponsor’s preference to document now its SECURE 2022 provisions unwise?"

"Plan has three related employers (controlled group). Forfeitures are held in one forfeiture account -- Question: is there any issue with allowing the related employer to only use forfeitures triggered by former employees within their group. For example there is $100,000 in the forfeiture account -- $40,000 from Company A, $10,000 from Company B and $50,000 from Company C. The Plan Sponsor would like each entity to use only the forfeitures triggered by their respective former participants. Plan document does not address this provision."