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Posted

I am proposing the above type plan for a prospective client. With regards to discrimination testing, the average benefits test must pass based on all benefits, that is the sal. deferrals, PS, and Cash Bal., correct. If the average benefits test based soley on the Sal. deferrals and PS allocations does not pass, is it ok?? The plan passes the midpoint test for PS and aggregated on an accrual basis and passes the aggregated avg. benefits test. on an accrual basis. Please advise. Thanks.

Posted

Sounds like an algebra problem: Solve for 3 unknowns with only 2 equations. Or something like that.

ABT is only a "must pass" if you need the ABT to pass. Sounds circular, I know, but if everybody is in all plans, then the ABT is superfluous. But, if you need to run it, yes it must be run on all benefits unless you want to use the exception of running it solely on DC and solely on DB and then testing each type of plan separately without aggregation. If you do that, you can only test for DB on benefits and only for DC on contributions, unless one or the other satisfies the ratio percentage test. See 1.410(b)-5(e)(3).

Posted

Given the litigation risk involving cash balance plans regarding age discrimination and lump sum values why would anyone advise an employer to establish a CB plan?

mjb

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