retbenser Posted December 31, 2010 Share Posted December 31, 2010 For form 5300, under Initial Qualification -- Date Plan Signed. For the plan to be effective 1/1/2010, the Date Plan Signed must be on or before 12/31/2010. Is this correct? Thanks for all responses. Link to comment Share on other sites More sharing options...
Jim Chad Posted December 31, 2010 Share Posted December 31, 2010 I think you are correct FWIW Link to comment Share on other sites More sharing options...
mbozek Posted December 31, 2010 Share Posted December 31, 2010 For form 5300, under Initial Qualification -- Date Plan Signed.For the plan to be effective 1/1/2010, the Date Plan Signed must be on or before 12/31/2010. Is this correct? Thanks for all responses. What kind of plan? While the above statement is generally true for a qualified plan of a calander year employer, there are exceptions. For example, elective contributions to a 401k plan can only be made after the date the plan is adopted. mjb Link to comment Share on other sites More sharing options...
retbenser Posted January 17, 2011 Author Share Posted January 17, 2011 What kind of plan? While the above statement is generally true for a qualified plan of a calander year employer, there are exceptions. For example, elective contributions to a 401k plan can only be made after the date the plan is adopted. Cash Balance Plan Link to comment Share on other sites More sharing options...
Guest Sieve Posted January 17, 2011 Share Posted January 17, 2011 If it matters, the plan could be in place for 2010 even if not signed by 12/31/2010--if the major provisions are in writing in 2010 and if it is communicated to employees in 2010. The latter requirement (employee communication) still must be met even if the plan is signed in 2010. Link to comment Share on other sites More sharing options...
John Feldt ERPA CPC QPA Posted January 19, 2011 Share Posted January 19, 2011 Yes, and be sure to read Revenue Ruling 72-509 which spells out when it must be communicated to the employees (by the end of the employer's tax-year in order for the plan to be considered "in existence"). It's an old ruling, but still applies today to qualified plans falling under 401(a). Link to comment Share on other sites More sharing options...
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