Jump to content

Recommended Posts

Guest BarryK
Posted

I have a very basic question. Does a defined benefit plan have to be tested under 401(a)(4) nondiscrimination testing if the same benefit formula is used to determine all plan participants' benefits (e.g., 2% of compensation times 10 years of service)?

Posted

The 401(a)(4) regs include "safe harbor" definitions, the prime purpose of which is to deem the plan as "non-discriminatory" (no testing).

IRS regs here: http://ecfr.gpoaccess.gov/cgi/t/text/text-...26/26tab_02.tpl

See 1.401(a)(4)-3(b) for safe harbor.

I'm a retirement actuary. Nothing about my comments is intended or should be construed as investment, tax, legal or accounting advice. Occasionally, but not all the time, it might be reasonable to interpret my comments as actuarial or consulting advice.

Guest BarryK
Posted

Thank you for the citation.

Guest Harry O
Posted

Sure. What is your definition of "compensation"? What if it includes annual executive bonuses but excludes overtine, shift differential, etc.? Now it doesn't sound so nondiscriminatory.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Terms of Use