Hi Guys,
Please help in sticky situation.
The plan is frozen since 2003. The plans NRA is 62. The DOPT isin 2014. Expected payout date is in 2015. The owner currently is67. Each year he is over NRA he got an AI of his frozen benefit. However the AI was capped at his 415 comp limt. Suspension of benefit notice not given.
My first question is that is his comp limt also gets frozen at the plan freeze date? The guy has 10 YOS at the time of freeze, however is comp increase after the freeze date.
Is there a violation of 411 here? Should he have been given a forced suspension of benefits notice at the time the AI first hits the comp limit?
What if in between the comp drops and now he can get the full AI? I guess first it has to be clear if his 415 comp limit can change or not?
If there has been a violation of 411 what are the corrective measures?
