flosfur
Apr 28 2003, 02:31 AM
An individual P owns 100% of Company A and 30% of Company B. There are no other connections between A & B and do not have any other common employees/owners.
Both A & B want to establish DB plans. P, naturally, wants to participate in both plans.
Questions:
1. Any problem with this?
2. Will the S415 limit apply to P's total benefits from the two plans or apply separately to the benefits under each plan (i.e. P can potentially receive "two" S415 max benefits)?
3. If there is no problem with the above and "two" S415 limits can be had, at what ownership % level will this be a problem.
b2kates
Apr 28 2003, 07:43 AM
415 is a per plan limit. There is no prohibition in participating and earning separate pension beneftis in more than 1 plan, so long as the sponsors are not related.
Mike Preston
Apr 29 2003, 02:49 AM
Not related in this context means not only not related by being a controlled group, but also an affiliated service group or a management function group. The percentage you are looking for is 80%. Unless a parent-subsidieary situation exists whereupon 80% is reduced to 50%.
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