changing integration level

[LIBERTYKID]

When can a sponsor change the integration level for a SEP? I know that with a qualified plan there are two camps, one that says prior to the end of the PY and one that says before the contribution is due. But what is the rule for SEPs?

[Gary Lesser]

Contributions must be allocated in accordance with the document then in effect. Making contributions before and after an amendment could be a very tricky process (see subsection (f) of the regulation cited below). Best to make contribution after the amendment and before due date (including extensions). Arguably, two or three different allocation methods could result in a uniform allocation as well as under a netting concept. No firm guidance however--Prop Treas Reg Sec 1.408-7(e) reads as follows:

(e) Requirement of written allocation formula--

(1) Requirement of definite written allocation formula. Employer contributions to a simplified employee pension must be made under a definite written allocation formula which specifies--

(i) The requirements which an employee must satisfy to share in an allocation, and

(ii) The manner in which the amount allocated to each employee's account is computed.

(2) Employer may vary formula. An employer may vary the definite written allocation formula from year to year provided the simplified employee pension arrangement is amended by the permissible date for making contributions to indicate the new formula.