WDIK

http://benefitslink.com/boards/index.php?showtopic=31208

It appears to me that you are stuck.

Yes. The instructions indicate to include "net income" with the exception you note. The contribution of property to a profit sharing plan that does not relieve the employer of an obligation to make a cash contribution to the plan.

Pension in Paradise's query is important because of Treasury Regulation 1.411(1)-11(e). (e) Special rules-- (1) Plan termination. The requirements of this section apply before, on and after a plan termination. If a defined contribution plan terminates and the plan does not offer an annuity option (purchased from a commercial provider), then the plan may distribute a participant's accrued benefit without the participant's consent. The preceding sentence does not apply if the employer, or any entity within the same controlled group as the employer, maintains another defined contribution plan, other than an employee stock ownership plan (as defined in section 4975(e)(7)). In such a case, the participant's accrued benefit may be transferred without the participant's consent to the other plan if the participant does not consent to an immediate distribution from the terminating plan. See section 411(d)(6) and the regulations thereunder for other rules applicable to transferee plans and plan terminations.

I have obtained quite a few TIN's with the online application system while only using a SSN.

A plan can dream, can't it?

Duplicate thread found at the link below. http://benefitslink.com/boards/index.php?showtopic=34139

This shatters the previous record.

The following link generally addresses your question. There are also quite a few other threads that broach this subject. http://benefitslink.com/boards/index.php?showtopic=32240

Also, there is nothing stopping you from notifying participants that a portion of their deferrals will be returned and suggesting that they might want to make an appropriate change to their elections. (pmacduff: I didn't mean to duplicate the sentiments of your post. You just beat me to the punch.)

Is the limitation you refer to based on the statutory limit, a provision in the plan, or related to passing the ADP test?

I thought that according to Code Section 414(v)(3)(A)(i) that catch-up contributions were not subject to the limitations under 415(c ).

Esoteric list of songs is more like it. It seems to me that there are several titles that would be in the top ten of the least familiar Christmas songs of all time.

I believe that the pertinent regulation was effective February 3, 1997.

The three-digit plan number is primarily used to distinguish between different plans adopted by the same employer. (This number is usually assinged in the plan document and only reported on Form 5500.) The nine-digit trust identification number is primarily used for tax reporting purposes related to distributions and withholding.

1) Contributions would be considered late. 2) [suspending belief] Contributions (chuckle) would (snicker) not (guffaw) be (har-de-har) considered (chortle) late (giggle). [Doubled over with laughter]

I guess that depends upon your perspective.

According to Code Section 414(v)(3)(A), catchup contributions "shall not, with respect to the year in which the contribution is made -- (i) be subject to any otherwise applicable limitation contained in sections 401(a)(30), 402(h), 403(b), 408, 415(c ), and 457(b)(2) (determined without regard to section 457(b)(3)), or (ii) be taken into account in applying such limitations to other contributions or benefits under such plan or any other such plan"

The trust associated with the plan may certainly have it's own identification number. In fact, most on these boards would probably recommend a separate tax identification number.

Will contributions other than salary deferrals be made to the 401(k) plan?

This is doubly perplexing to me because, if memory serves, the 2006 5500-EZ instructions and the most recent revision of publication 794 were issued within a month or so of each other.

The definition of an eligible rollover distribution can be found in Section 402(c )(4) of the Internal Revenue Code.

Please pardon me if I'm missing something, but if there are no contributions being made to the money purchase plan, why is the "31% limit" even an issue? The defined benefit contribuion is deductible.

I would be very, very, very surprised if the document did not address the issue. If that is truly the case, QDROphile has a colorful description that may apply.

Assuming that the payroll period for the rank and file employees is not "several months" after the highly-compensated, it seems to me that such a policy would be considered discriminatory.