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Showing content with the highest reputation on 06/20/2013 in all forums

  1. david rigby

    Spousal Consent

    For us non-attorneys, the dictionary at law.com might help. putative adj. commonly believed, supposed or claimed. Thus a putative father is one believed to be the father unless proved otherwise, a putative marriage is one that is accepted as legal when in reality it was not lawful (e.g. due to failure to complete a prior divorce).
    1 point
  2. I respectfully (and strongly) disagree. The section you cite is in fact referring to "employer contributions made to a plan pursuant to a cash or deferred election..." - take a look at 1.401(k)-6, which defines "elective contributions." Rollovers are not made pursuant to a cash or deferred election. The employee has no option to receive a rollover as cash compensation from the employer.
    1 point
  3. It depends on the document language. Our VS document (ASC) has a provision that if selected, says after providing a conditional notice, the sponsor elects to do the 3% safe harbor by providing a supplemental notice. If they do not provide the supplemental notice, no SH contribution is due. The GUST documents we used from another provider required timely amendments to remove the SH and then add it back in to keep using the conditional SH.
    1 point
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