A profit-sharing retirement plan has a last-day condition on who shares in an allocation of a discretionary contribution. The employer is a partnership, and many of the employer’s workers are partners rather than employees. For the last-day condition, the plan’s governing document refers only to whether the participant is “employed” on the last day. The partnership keeps no records of a partner’s time worked.
How does one determine whether a partner was employed on the last day?
Was a partner “employed” on the last day of a year if she had not been deadmitted from the partnership (and had for the year earned income more than zero)?
What rules should I worry about?