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Showing content with the highest reputation on 11/05/2025 in Posts

  1. Just to be clear ... you cannot change an allocation formula (or contribution formula, in the case of a mandatory match) once someone has earned the right to the allocation. So, for example, if someone needs 1,000 to share in the allocation, you have until that occurs to modify the allocation formula (usually considered to be about 5 months into the plan year, but if you have a company that has lots of overtime, that may be too late). If there are no allocation requirements in the plan, then you have to amend before the beginning of the year. If the plan has a last day requirement, people con't earn the right to the contribution until the last day of the plan year, so you have until then to amend. Hope this helps ...
    3 points
  2. Unlike some recent years’ tax laws for which CCH/Wolters Kluwer decided against publishing a “Law, Explanation & Analysis” book, they published this on the “One Big Beautiful Bill Act”. In it, I see nothing about a remedial-amendment grace. A “written plan” for an employer’s dependent care assistance program might have expressed a limit not as a dollar amount but rather by reference to Internal Revenue Code § 129(a)(2)(A). If so, there might be no need to edit the written plan. But if some change is needed, how long does it take? Two-tenths of an hour? (One to write the amendment or edit the restatement, and another one-tenth to email it to the client.) If a service provider does § 129 plan documents for dozens, hundreds, or thousands of clients, might one use software to send the change quickly? Further, some employers treat a written explanation given to employees as also the “written plan” § 129 calls for. If an employer’s plan will provide or allow $7,500 for 2026, the employer will want to tell its employees that good news. Some communicated this in open-enrollment materials.
    2 points
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