"@e have an employer with 3 plans: cash balance, 401(k) safe harbor match and profit sharing only. If we state in the PSP document that the 5% top heavy minimum will be funded in this plan, are we ok if the SHM offsets it in the 401(k) plan? Example, employee defers 5%, receives a 4% SHM in the 401(k) plan. They need to receive an additional 1% to satisfy TH. We allocate that in the PSP. Will this pass muster since the PSP only shows 1%?"

"The proposed rulemaking interprets Internal Revenue Code of 1986 §§ 125, 128, 129. Under the proposed interpretation, a self-employed individual is not an employee for § 128, but is an employee for § 129, which includes nondiscrimination provisions partially included in § 128. The comments due date is September 25, 2026; the hearing is October 15. Among the conditions for a Trump account contribution program is a written plan."

"I reread a few prior discussions on this and it seems to be the consensus is that if the plan's assets are with a recordkeeper (Vanguard/Ascensus for example), no TIN is needed because they are the payer on the 1099-R. I just wanted to confirm I'm not missing something and perhaps there's another logical reason in getting one. I am at a new firm and they generally request them for all plans. I believe my last employer only applied if the assets were with a brokerage account."

"We took over a 401(k) Plan with four physicians and about 17 employees. The plan sponsor is a corporation and each of the physicians is employed by their own corporation. Each physician corporation owns 25% of the plan sponsor. The plan document lists each Physician's corporation as a participating employer stated as follows: Notwithstanding Article XXX, the following will be Participating Employers in the ABC Corp Medical Group 401(k) plan effective January 1, 2025: Corporation 1 Joseph Smith M.D., Inc., Corporation 2 ...etc showing all four corporations. Article XXX indicates that any related employer can adopt the plan as a Participating Employer by completing a Participating Employer Adoption page.

"I don't believe any of the Physician Corporations executed a Participating Employer Adoption page but they are stated as Participating Employers in the plan document. Even though physician corporations are listed as Participating Employers in the Plan document, this seems somewhat flimsy. What we would like to do is have each Physician Corporation adopt the plan by completing a Participating Employer adoption page before September 15, 2026. They are then in-line with the SECURE Act in adopting after the 2025 year end up to their extended tax filing deadline. They are currently on extension until September 15, 2026. Anyone have any comments on this?"