Full Version: QDRO distributions & top heavy determination
Would a distribution made from a key employee to his ex-spouse pertaining to a QDRO be considered an in-service distribution on behalf of the key employee required to be added back for 5-years when determining the profit sharing plan's top heavy status?
QUOTE (jim williams @ Jan 31 2006, 08:41 AM) 
Would a distribution made from a key employee to his ex-spouse pertaining to a QDRO be considered an in-service distribution on behalf of the key employee required to be added back for 5-years when determining the profit sharing plan's top heavy status?
Yes.
The principle s/b straightforward: you cannot get out of T-H requirements just because someone had a QDRO.
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