John McMorrow

I do not recommend the use of the language without incorporating the terms of the CBA AND including the relevant contract as an addendum to the Plan.

I submitted a vcp filing where this issue was squarely put before the IRS. The IRS position was to the effect that it would not bless HCE waivers of missed contributions. Policy consideration: The employer/employee relationship is not horizontal. Bottom line: it is unseemly for an employer to even ask an employee to sign such a waiver.