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Distribution Code for deferrals before eligible....


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Guest jusducki
Posted

New Client with the first year a short plan year for '04, Nov - 12/31. In all the confusion of getting everyone enrolled, etc, three people deferred about $1000 each for '04 when they did not have W-2 earnings for 04 (but will for '05) - they had 1099 income. Just received year-end census data and realized their error. What distribution code should be used for the 1099-R? Thanks.

Posted

The first question I would ask is "Were these individuals correctly classified as independent contractors to begin with?" This particularly seems a pertinent question because they all suddenly become "W-2" employees. If the IC designation does not pass muster, they may actually have been eligible to defer, or as ineligible employees, the matter may be resolved under the EPCRS Plan Amendment Correction Method.

Please ignore this post if the individuals are assuredly and without question independent contractors.

...but then again, What Do I Know?

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