Belgarath Posted February 14, 2018 Share Posted February 14, 2018 Reviewing a takeover plan, and found what seems to me to be a bizarre (and inapplicable) provision. This is a PRIVATE college - non-governmental in every way. The adoption agreement defines, for faculty only, compensation as including "Employee contributions described in Code Section 414(h)(2) that are treated as Employer contributions." This wasn't a mistakenly checked "box" but was specifically drafted into the compensation definition. As I read 414(h)(2), I don't see how it can possibly be applicable in this situation. Am I missing something obvious here? Link to comment Share on other sites More sharing options...
Luke Bailey Posted February 14, 2018 Share Posted February 14, 2018 I agree with you, Belgarath. Has to be a mistake, but harmless. Perhaps a form document from someone who works on both governmental and nongovernmental plans. I guess you could also have a situation where an entity changes status during plan year, e.g. a consolidation of a private school with a public charter. But this would be very rare and I think you're right, it's just a mistake in your circumstance. Luke Bailey Senior Counsel Clark Hill PLC 214-651-4572 (O) | LBailey@clarkhill.com 2600 Dallas Parkway Suite 600 Frisco, TX 75034 Link to comment Share on other sites More sharing options...
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