EDUCATIONAL SOLUTIONS FOR EMPLOYEE BENEFITS PROFESSIONALS

Plan Document Requirements – Timing of establishing plan; documentation requirements (traditional, safe harbor, automatic enrollment); plan amendments (discretionary and interim); amendment deadlines; anti-cutback rule; correcting plan documentation and amendment

Elective Deferral Limits – Defining compensation for deferrals; setting deferral limitations; catch-up contributions; excess deferral correction; treatment of gap period income

Highly Compensated Employees – "Top-paid group” election; determining “top-paid group;” timing of election and amendment

ADP Testing – ADP calculation; HCE aggregation; prior year vs. current year methods; changing testing methods; catch-up calculation in fiscal year plans; special EACA rules; using QNECs and QMACs 

Special Testing Rules – Options for early eligibility testing; interaction with testing methods; “targeted” QNEC limitations; designing a bottom-up QNEC provision; limitations on double counting 

ACP Testing – Testing strategies; amendment timing issues; match design issues; correcting discriminatory match rate

Compensation Options – Economics of compensation options; safe harbor and alternative definitions; different definitions for types of contributions; treatment of differential wage payments; allocation vs. testing compensation; post-severance compensation under final 415 regulations

Safe Harbor 401(k) Plans/QACAs – ADP and ACP safe harbor requirements; QACA requirements; multiple matching contributions; designing discretionary match; timing of adoption; top-heavy exemption; “late” election, “exiting” and termination options; design considerations: safe harbor vs. QACA

Distribution Restrictions – Identifying severance from employment; acquisition and disposition transactions; qualified reservist distributions; deferral distributions under HEART Act; beneficiary hardship distributions; definition of “dependent;” hardship distribution limit

Roth 401(k) Plans – Roth requirements; interaction with “regular” deferrals; separate accounting; “qualified” distributions; taxation of nonqualified distributions; 5-year clock; rollovers; new 2010 conversion rules; basis recovery and carryover

Employer Deduction Issues – Deduction limit calculation; self-employed (including partnership and LLC) issues; using solo 401(k) plan to increase contributions

Partnership/LLC Issues – Timing of partner elections and matching contributions; determination of partner’s deferral limitation; periodic match issues; documenting Roth deferrals

Fiduciary and Disclosure Issues – Fiduciary responsibility for collection of deferrals; participant direction of investment; 404(c)(5) protection for default investments; “blackout” rules and new Form 5500 reporting; “mapping” fiduciary protection; participant benefit statements; participant and service provider disclosure

Correction Options for Common 401(k) Plan Errors – Improper exclusion of eligible employee; improper inclusion of employee; improper distribution; deferrals in excess of plan and statutory limits

Designing a Safe Harbor 401(k) Plan – Choosing the safe harbor contribution (match vs. nonelective); choosing compensation definition; design options: safe harbor with profit sharing contribution, safe harbor with integrated contribution, safe harbor with lower integration level and safe harbor with additional matching contributions; 4 sample allocations; sample document language

Triple-stacked Match Design – Designing the matching formulas; backing into the matching formulas; where to use; designing formula to avoid annual amendments; worst case scenario; 3 sample allocations; sample document language

Split Eligibility Design – Early eligibility design for deferrals; application of otherwise excludible employee rule; excluding part-time employees; top-heavy issues; sample allocation; sample document language

“Discretionary” Safe Harbor 401(k) Plan Design – Design requirements; “maybe” notice; combining notices; timing of amendment; sample amendment and SMM; discretionary match; sample allocation; sample document language

Designing Integrated Plans – Selecting integration level; two-tier vs. four-tier; 3 sample allocations; sample document language

Designing a Cross-Tested Plan – Traditional design; multiple classification design; designing allocation groups; prohibited allocation groups; 2 sample allocations; sample document language

Combination 401(k) Cross-tested Plan Design – Combination 401(k) cross-tested plan design; safe harbor 401(k) and cross-tested plan; adding a matching feature; 3 sample allocations; sample document language

“Each Participant in Own Classification” Plan Design – Flexibility of plan design; examples of how design facilitates corrections and troubleshooting; prototype/volume submitter restrictions and differences; dealing with the deemed 401(k) plan issue; sample allocation; sample document language

Troubleshooting a Cross-tested Plan
Corrective amendment options; amendment deadlines; anti-cutback issues; contribution costs; sample amendments; sample allocation; sample document language

Cash Balance + Cross-tested Plan + Safe Harbor 401(k) Plan Design
(DB/DC “Combo”) – Advantages; when the design makes sense; deduction rules and opportunities; minimum gateway requirements; design options; sample allocation; sample document language