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June 30, 2026

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Micks created a topic in Defined Benefit Plans, Including Cash Balance

Can a Board Resolution Replace a Formal Plan Termination Amendment for a DB Plan?

"We are reviewing documentation for a defined benefit plan termination, and the plan administrator/TPA has taken the position that a signed board resolution establishing the plan termination date can serve in place of a formal plan termination amendment. In our experience, a written plan amendment executed in accordance with the plan document is typically required as part of the termination process. Has anyone seen guidance or practical examples where a board resolution alone is considered sufficient, or is a formal plan amendment still required for compliance (e.g., for purposes of IRS/DOL expectations and audit support)?"

5 replies so far   |    Click Here to Add a Reply

LMK TPA created a topic in 401(k) Plans

Self Employed, 2 Businesses, 415 Limit

"Sally owns 2 separate business, 100% ownership. Business PDQ is the 401k profit sharing plan sponsor. PDQ has been in business for 3 years. 2025 SE income is $350,000 from PDQ. There is 1 employee in PDQ and she is covered in the PDQ plan. Sally started Business XYZ in 2025. There are no employees. This business will have a $325,000 loss for 2025. XYZ did not adopt PDQs plan. I use ftwilliam documents and confirmed that there is not an automatic adoption feature. Her SE income from PDQ is used for plan purposes because PDQ is the plan sponsor. Although XYZ did not adopt the plan, is her SE income from PDQ and XYZ combined for 415 purposes? Is she limited to compensation of $25,000 for 415 purposes even though her PDQ adopted the plan but XYZ did not? I'm getting some conflicting information. One suggestion is that PDQ and XYZ are combined for 415 however, there's Zero income from XYZ (not negative income) and therefore, the 415 limit and plan compensation are $350,000."

4 replies so far   |    Click Here to Add a Reply

BG5150 created a topic in Correction of Plan Defects

5330 Question on Late Deposits

"Plan had amount involved of $400, so tax is $60 for late deposits in 2024. Amount was corrected in 2025. We prepared the 2024 5330 for $400/60 Since it was corrected in 2025, we are preparing a 2025 form as well. My admin group wants to put $800/120 on the form because it extended two years. is that right? Do they have to pay $60 tax for 2024 AND 2025? Seems to me like a 100% penalty for not paying the tax right away."

4 replies so far   |    Click Here to Add a Reply

BG5150 created a topic in Correction of Plan Defects

Mistake of Fact?

"Employer properly deducted and remitted participant deferrals. But due to some accounting mishap on their end, they won't up contributing additional amounts for several participants. It wasn't a correction or anything. All the amounts were properly withheld and remitted the first time. So say Jimmy had a $100 deferral from his paycheck and the company deposited that timely. But when they went to do in-house balancing, it looked like he was short $15 so they sent that in for him, too. (the $15 was NOT withheld from pay) What's the correction? Put the funds in suspense account? Should it be sent back to the company (with earns, if any) as a MOF?"

1 reply so far   |    Click Here to Add a Reply

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