Mistakes Happen with Your 401k Plan
When Plan Errors Occur, Reach For The 401(k) Plan Fix-It Guide
As a plan sponsor, at some point you are likely to discover that a plan failure or error has occurred — especially after the plan testing season concludes. Mistakes do happen and you won’t be alone. A recent report published by the American Society of Pension Professionals and Actuaries (ASPAA) studied over 3,200 small business plans1 and found that nearly half of them failed the top-heavy test.
A Blueprint for Fixing 401k Mistakes
Whether it’s through a plan audit or some other review process, it can be stressful to learn that a failure has occurred and to figure out how to correct it. The good news is that these errors and failures are easily fixable, and without fees or penalties under the right circumstances. The 401(k)Plan Fix-it Guide, made available by the Internal Revenue Service (IRS), provides a blueprint to follow to help resolve errors to the agency’s satisfaction and avoid making the same mistake(s) in the future.
Common Mistakes Covered by the 401k Fix-it Guide
The top mistakes covered by the 401k guide include the following:
- Lack of updates to the plan document to reflect recent changes in the law
- Failure to base plan operations on the plan document
- Improperly defining compensation for deferrals and allocations
- Employer-matching contributions were not made to all appropriate employees
- Failure of 401(k) ADP and ACP nondiscrimination tests
- Failure to provide eligible employees the opportunity to make an elective deferral
- Elective deferrals were not limited to the amounts under Internal Revenue Code (IRC) Section 402(g) and excess deferrals were not distributed
- Failure to timely deposit employee-elected deferrals
- Participant loans fail to conform to the requirements of the plan document and IRC Section 72(p)
- Hardship distributions were not made properly
- Required contributions were not made to the plan
- Not filing a Form 5500-series tax return this year
Click, Print and Keep Handy
Every year it’s important to review the requirements for operating your 401(k) retirement plan. Consider going old school and clicking on this IRS 401(k) plan checklist link and print it out to help you manage your compliance requirements with many of the important rules. The checklist includes examples of how to find, fix and avoid each mistake. It can also be accessed via: https://www.irs.gov/pub/irs-pdf/p4531.pdf.
SECURE Act 2.0 and Correcting Plan Errors
SECURE 2.0 delivered a few new rules regarding correcting plan errors related to overpayments to participants or beneficiaries; it also contains enhancements to the plan error self-correction program under the IRS’s Employee Plans Compliance Resolution System (EPCRS). These new rules and enhancements became effective as soon as SECURE 2.0 was signed into law late last year. For more details, consult this article: https://tinyurl.com/2wjwn8sm.
1 “What Percentage of Plans Fail 401(k) Nondiscrimination Testing?” (January 20, 2022); https://tinyurl.com/fb6wfw7u.
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Disclosures, Sources, and Footnotes
For plan sponsor use only, not for use with participants or the general public. This information is not intended as authoritative guidance or tax or legal advice. You should consult with your attorney or tax advisor for guidance on your specific situation.
Kmotion, Inc., 412 Beavercreek Road, Suite 611, Oregon City, OR 97045; www.kmotion.com
©2023 Kmotion, Inc. This newsletter is a publication of Kmotion, Inc., whose role is solely that of publisher. The articles and opinions in this publication are for general information only and are not intended to provide tax or legal advice or recommendations for any particular situation or type of retirement plan. Nothing in this publication should be construed as legal or tax guidance; nor as the sole authority on any regulation, law or ruling as it applies to a specific plan or situation. Plan sponsors should consult the plan’s legal counsel or tax advisor for advice regarding plan-specific issues.
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