Have a new client. All employees are family members and all are HCEs. Want to adopt a 401(k) plan for 2018. I know the 3 month rule for safe harbor plans. But for non-safe harbor plans I am unable to find specific guidance. Something from my past says that all participants have to have effective availability under the plan. If all HCEs have the ability to "bonus out" at the end of year for deferrals to the 401(k), are there any problems with adopting such a calendar plan in December?

Our cutting-edge Distribution Tracking Software , built by retirement service providers, makes distribution preparation and tracking faster and more efficient. Know exactly where each distribution is so nothing slips through the cracks. Learn more!

If the 5500 is prepared on the accrual basis of accounting, would a participant have an account balance at year end for the purposes of Line 5c on Form 5500-SF if a participant had no any money in his account as of 12/31 but did have a receivable (for a contribution deferred prior to 12/31 that was received after year end)?

One of my governmental clients has acquired a not-for-profit entity with an ERISA 403(b) plan. The governmental client has a 403(b) program that is entirely voluntary, with employer matching contributions into a governmental 401(a) plan. The ERISA plan allows for matching and discretionary contributions. Other than universal availability, are there any controlled group coverage/testing issues to be considered?

Can an employer have as an excludable class of employees by specific name? For the 401k plan we are drafting, the employer wants to exclude 3 of the 15 HCEs. In creating an excludable class, could the plan document provide that "All HCEs are part of the excludable class, except individuals A, B and C"?

Not For Profit (NFP) sponsor of 457(b) plan permits retired participants to either take a lump sum distribution or equal payments over a 10 year period after retirement. For those who take the lump sum option, this distribution amount is included in their final issued W-2 as they are still on payroll. The instructions for W-2 indicate that distributions from a NFP 457(b) plan are to be reflected on a W-2. If retired employee is no longer employed by the NFP, is the NFP still to report the annual distributions on a W-2 with required withholding or are there any other options? (1099-MISC?)