Guest LJS Posted June 22, 1999 Posted June 22, 1999 It has always been my understanding that a plan has to be executed by the end of the plan year for which it is effective. Our pension attorney has been asked to advise on a situation where an employer adopted an existing plan maintained for members of a controlled group in June of 1993 for the plan year ending December 31, 1992. The employer's taxable year is June 30th. The counsel for the employer advised them that the deadline for adopting the plan is the last day of the employer's taxable year. We thought that we would be able to find a cite to support our opinion and understanding very easily, but we were wrong. It is our understanding that in this situation, the employer should have adopted the plan by 12/31/92 in order for its participation to be effective in 1992. Can anyone help us with this? All comments greatly appreciated, especially those with cites!
Guest Brad Brewer Posted June 23, 1999 Posted June 23, 1999 Try Rev. Rul. 81-114, 1981-1 C.B. 207 and the last sentence of Treas. Reg. 1.401(B)-1(a).
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