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Showing content with the highest reputation on 02/13/2015 in all forums

  1. I am sick of sponsors that insist on allocating matching contributions to participant's accounts over the course of the year AND insisting on having allocation conditions (last day, 1000 hours, or both)! I am looking for support for the propostion that allocating a match to participant's accounts before the allocation conditions have been met is a Code, Reg, or IRS or DOL Guidance violation. Any thoughts?
    1 point
  2. Well, you could start with 1.401-1(a)(2), which requires a plan to be a definite written program. Beyond that, I'm not certain that the Code or Regs say, in precise wording, that the plan must be operated according to its terms. (They might, and I'm just not aware of the specific reference) However, it is SO well established that a plan must be operated according to its terms, and to not do so is a disqualifying event, that it would be absurd to argue otherwise. You could refer your client to, among other things, Revenue Procedure 2013-12, which defines operational errors as disqualifying events. Although you can correct operational errors under 2013-12, one of the requirements for self-correction, which IRS auditors look for, is some documentation of how such errors will be prevented in the future. So it isn't a never-ending pass to ignore the rules. I think most TPA's struggle with similar clients. I'm continually astonished at how many clients hire us to do plan administration, then ignore what we tell them to do.
    1 point
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