Leaderboard

Had to look it up. Never paid any attention to that show. While doing so, found a good example of a "mute point": Addressing the participants of a conference call while your phone is on mute.

The plan can be structured that way, or the existing participants can be grandfathered in.

"For additional information, VFCP applicants may contact the appropriate EBSA regional office at our toll-free number: 1-866-444-3272 and request the VFCP coordinator."

That;s funny I always though it was a "moo point" - kind of like a cow's opinion

Assuming this is the only plan and the only eligible participants you can make a 25% of pay deductible employer contribution. Further assume PY=FY and pay based on PY. For simplicity assume mom made 50K deferred $2K and got $2K match, son made $100K no deferral or match. Eligible pay is $150K, 25% is $37.5K Company has already contributed $2K employer match so it can make a $35.5K profit sharing contribution. Since you said document has pro-rata allocation if company made max deductible 35.5/150 = 23.67% of pay. Son would get 23.6K, mom would get $11.8K (within rounding).

I'd still hold that the deferrals of a 403b are not included. 4.403(b)-5 (a) is pretty specific in its opening line "Nondiscrimination rules for contributions other than 403(b) elective deferrals (I) section 401(a)(4) (ii) section 401(a)(17) (iii) section 401(m) (iv) section 410(b) and then 1.403(b)-5(a)(2) the requirements of this paragraph (a) do not apply to 403(b) elective deferrals.