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Safe Harbor Plan - Compensation


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Is there any way to exclude bonuses from the definition of compensation for a safe-harbor plan?

Notice 98-52 requires that the 414(s) definition be used. 414(s) says compensation means that within the meaning of 415©(3). The related Regs. include bonuses.

Are we just simply out of luck on this one? If there is a way, I need statutory cites in support of your position. Thanks.

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