Plan sponsor wants to close the plans to new participants while continuing to accrue benefits for existing participants.
A couple of questions:
Must the 40% participation test, the 410(b) and and the plan's average benefit tests include the employees that - in the absence of this freezing- would qualify to participate?
I vaguely remember that it may be an exception for frozen plans, but I am not sure.
Any citations?
Usually when freezing a plan, the amendment simply replace the plan accrual formula with 0.0%. Any special language for an amendment that continue accruals for existing participants but close the plan to new participants?
Any potential pitfalls - excepting the employees happiness- I should be aware of?
Thanks for your help