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Showing content with the highest reputation on 01/24/2019 in all forums

  1. The effective date of the new document should be in 2019. The original effective date of the plan will depend on whether the new document is done as a restatement of the MEP document they previously adopted or as a new plan document. They were a sponsor of the MEP, so a new plan will be a successor plan under 1.401(k)-2(c)(2)(iii). That means a new plan won't qualify for a short initial plan year for a safe harbor plan 1.401(k)-3(e)(2). Having the new document be a restatement that mirrors the current safe harbor provisions avoids having a short initial plan year in 2019. Being a successor plan also means a new plan won't qualify for the deemed 3% ADP/ACP if it uses prior year testing 1.401(k)-2(c)(2). Hopefully, the MEP isn't going to offer distributions to active participants since the "new plan" would also be an alternative defined contribution plan under 1.401(k)-1(d)(4)(i).
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  3. Yep, a 403(b) and 401(a) of a particular employer are aggregated for purposes of the 402(g) limit, but not for purposes of the 415© limit. However, if the employee has a business that the employee controls (e.g., a professor in a med school who also has an independent practice as a physician), the 403(b) is combined with any 401(a) of the business controlled by the employee for 415© purposes.
    1 point
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