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Slap-on amendments


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Guest Pensions in Paradise
Posted

Let's say an individually designed plan has been timely restated for GUST and a good-faith EGTRRA amendment has been adopted.

What additional amendments need to be adopted in 2003? deemed 125 compensation amendment, 401(a)(9) amendment, etc.

Thanks.

Posted

Assuming it's a DC plan, those are the only 2. And, the deemed 125 amendment probably won't apply to many employers. For DB plans, you just need the deemed 125 amendment.

  • 3 weeks later...
Guest tcunagin
Posted

How do you know which employers the deemed 125 compensation applies to?

Posted

Ask the employers how they operate.

Posted

I don't believe that very many would be "deemed 125" plans -- that would generally only be a medical plan that requires employees to participate in the plan under certain circumstances (e.g., under the facts of Rev. Rul. 2002-27 the employer required participation if the employees didn't certify outside coverage).

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