Although she can adopt a second plan in the name of her company as long as the two companies remain as a controlled group the limits apply in the aggregate, i.e., one 415 limit and one 402(g) limit. At the time the two companies are no longer controlled the 415 limit applies to each plan separately but the 402g limit it attached to the participant so she would have only one deferral limit whether she participates in her 4k plan or her husband's 4k plan, the maximum deferral in total would be $22,500 plus $7,500 catch-up if eligible for 2023.
Steve Abramson, CPC, President
APS Pension Services LLC
