"I have a client who has a 401(k) in a PEP plan. They want to leave the PEP and transfer their existing employee balances to their new 401(k). Can they do this without triggering a distributable event? In short...they just want to escape the PEP and have their own standalone plan without allowing their employees to withdraw their existing funds. I was assuming they can...but wanted some thoughts on this."

"Participant is still working at age 74 and therefore has delayed taking any RMDs under the still working exception. Participant dies on March 1s and their surviving spouse is the sole beneficiary. When is the first RMD due? December 31st of the year of death? April 1 in the year after death? Dec 31 in the year after death?"

"My client (company A) acquired a company (company B) in 2021. 2022 was the final year of B's 401(k). Since it was a SH plan with a generous plan design, ERISA counsel told us we could not merge the plan until end of year, 2022. Totally fine. Blackout started for participants on 12/28/2022 and the final asset transfer happened on 01/05/2023. Are we able to file the 2022 5500 as the final 5500 and mark that all assets have been transferred?"

"I've been in this business for 25 years and I am starting to read about and experience clients being stonewalled trying to rollout or take distributions from some major 401k players. I hesitate to name names but I'd like to know who else is seeing this or having trouble helping with or seeing participants struggle with getting their money out when there aren't any significant complicated reasons. Fidelity can do it over the phone in 5 minutes and people are taking more than 6 months to get a rollout (rollover/distribution) with other companies. Anyone having this issue with a record keeper or custodian or any other financial institution?"

"Section 326 of SECURE 2.0 regarding terminal illness was effective December 29, 2022, and exempts benefit recipients from the 10% early distribution penalty if they have a terminal illness as defined in Act. They also can repay the distribution under the same terms that apply to the qualified birth or adoption distributions. The Plan Administrator is required to get a doctor's certification providing that the participant meets the statutory definition. IRS has not released any guidance on this. Are your plans administering this? Have your plans been amended for this? Do you intend to amend your plans for this?"

"We have a client with a 401(k) plan and a participant wants to take a $50,000 loan which he is eligible to do. He also has a second job that is totally unrelated to this client and that job has a 401(b) plan that allows loans. Can he also take a $50,000 loan from the 403(b) plan? I cannot find anything that says he can't but I might be missing it."