Can unrelated employers adopt the same prototype plan document?

[katieinny]

I can't seem to find anything that says that 2 unrelated employers can't adopt the same prototype. But we're getting close to year end and I would like the thougths of some of you experts before I let these folks proceed with that plan of action.

[g8r]

Somewhere in Rev. Proc. 2000-20 (I don't have it in front of me) it will state the IRS is not supposed to issue an opinion on a prototype plan that permits multiple employer arrangements under 413©.

But, IRS reviewers are only human and mistakes are made. So, it's possible you may have a prototype that permits multiple employer plans. You need to look at the terms of the prototype. And, even if it allows two unrelated employers to adopt the plan, you need to be careful in operating the plan in compliance with 413© - more than likely the prototype won't map out the rules for you because it was a mistake to permit the multiple employer plan in the prototype in the first place.