Archimage Posted April 20, 2006 Posted April 20, 2006 I have a client that wants to sponsor a multiple employer plan that allows each adopting employer to select various plan design options. I am having trouble finding a document vendor that sells this type of volume submitter/IDP document. Does anyone know of a vendor that sells this?
QDROphile Posted April 20, 2006 Posted April 20, 2006 If this is for a 401(k) plan, someone needs securities law advice more than a plan document.
Archimage Posted April 21, 2006 Author Posted April 21, 2006 I don't understand your comment. Please elaborate.
Below Ground Posted April 21, 2006 Posted April 21, 2006 What areas are you looking to have flexibility with? There is a certain amount of flexibilty permitted, but there are also design aspects that must be constant. I suggest that you call AccuDraft. I have found their document to be a good choice for most circumstances. They can also guide you through the "cans" and "can nots" of this specific concern. Having braved the blizzard, I take a moment to contemplate the meaning of life. Should I really be riding in such cold? Why are my goggles covered with a thin layer of ice? Will this effect coverage testing? QPA, QKA
Archimage Posted April 21, 2006 Author Posted April 21, 2006 Minor changes such as vesting and contribution/allocation requirements. Don't want to offer a lot of flexibility.
QDROphile Posted April 21, 2006 Posted April 21, 2006 Go to the securities law forum and look at the discussion that begins on April 28, 2005.
namealreadyinuse Posted April 21, 2006 Posted April 21, 2006 I thought that ADP had a MEP that allowed different elections. I don't get the securities law issue either, unless your original e-mail was misread to involve company stock.
Effen Posted April 24, 2006 Posted April 24, 2006 You NEED competent ERISA counsel. Don't try to do this stuff yourself or try to find some "off the shelf" document that you think might work. Although I am sure you are trying to be the most efficient for your client, I think you may be doing a disservice by letting the tail wag the dog. The sponsor should tell the attorney what they want so the plan can be drafted. If they choose to use a “vendor” as the attorney, you are stuck with whatever their plan contains (round peg/square hole). Also, you will be taking on the liability for document and its provisions. Since I assume you are not an attorney, good luck in court if something blows up! Tell the client that if they want to do this, they may need to pay a few extra $ up front to get it done right and hire an attorney who knows what they are doing. "Vendors" are just commodity driven, lowest price providers. Generally, not very good quality for anything that may be outside the simplest box. The material provided and the opinions expressed in this post are for general informational purposes only and should not be used or relied upon as the basis for any action or inaction. You should obtain appropriate tax, legal, or other professional advice.
Archimage Posted April 24, 2006 Author Posted April 24, 2006 Thanks for the advice. After a lot of research I tend to agree and that is the route I plan to take. I thought there might be an easier way to do this but it doesn't look there is.
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