Birth dates to define allocation groups

[Guest RAA]

I have a takeover plan, allocation groups are defined by birthdate ranges (Example: If born before 1/1/1949 you're in one group, if after 12/31/1948 you're in another.)

Question is, could this allocation grouping possibily be in violation of federal age discrimination laws?

[Tom Poje]

what would be the difference between that and the example 3 and 4 of 1.401(a)(4)-8(b)(1)(vii) I think that is the correct cite, but there are so many (vi) and (iv) that I get mixed up.

oh what the heck, just turn to that section and you will see examples of using age. If done properly one can actually avoid the gateway minimum.

In some ways, a real fancy age weighted plan

[could be me maybe not]

I would not want to have such a plan and give the older person less than the younger person, which of course seldom happens, but it could. Then I'd think there is some exposure.