Guest Dolores Lawrence Posted August 10, 2001 Posted August 10, 2001 Sponsor of top heavy 401(k) plan amended its plan to accelerate entry for salary deferral purposes only to 90 days after date employed. One year of service still required for profit sharing eligibility. Client ( a law firm) refuses to believe that those who meet the 90-day requirement for eligibility for the salary deferral portion of the plan but don't have 1 year of service still get the 3% top heavy minimum since key employees are deferring 3% or more. I am looking for as much written documentation as I can find to give this client to support our position.
Tom Poje Posted August 10, 2001 Posted August 10, 2001 supposedly, some plans have been drafted that allow for immediate eligibility for deferral, one year wait for profit sharing AND actually require 1 year wait for top heavy as well and have gotten IRS approval. (I have not seen one, and unless it states it in the document,I would be leary of not allocating a top heavy to the group you entioned. 3.169 of the ERISA Outline Book (2001 edition) provides examples of requiring top heavy contributions if ee is eligible to defer but not eligible for profit sharing because individual did not meet the service requirement. Reference is to Treas Reg 1.416-1, M-10
david rigby Posted August 11, 2001 Posted August 11, 2001 Go to the top heavy regs (1.416) here I'm a retirement actuary. Nothing about my comments is intended or should be construed as investment, tax, legal or accounting advice. Occasionally, but not all the time, it might be reasonable to interpret my comments as actuarial or consulting advice.
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