De Minimus Accrued Compensation

[Guest JEP]

A participant is enquiring about whether or not he can defer on a bonus, paid in 2002 that was earned in 2001, for the 2001 plan year. Treas. Reg 1.415-2(d)(5)(ii) states that you can do this if these payments are made within the first few weeks of the next plan year. Does anyone have any idea as to how much time "few weeks" indicates?

My first thought is that if it wasn't made by January 31, it couldn't be included in 2001 as compensation for the 1099r filings. However, I guess you could make a case that a few weeks extends beyond January.

If anyone has any guidance on this issue or a relevant case study, I would appreciate it.

[Medusa]

I looked at this a year or so ago and could find no guidance whatsoever. And I ended up not using it because there was no analogous provision in 414(s) or 404, can't remember which (maybe both?), and it just made life too complicated because of that.

[actuarysmith]

The Corbel prototypes allow (if elected by the employer) all or a portion of any cash bonus attributable to services performed during the plan year, and which would have been received by the participant on or before two and half months following the end of the year to be deferred into the plan.