Plan doc to amend to exclude bonuses from def. of comp.

[Lori H]

Is the only available option to exclude bonuses to restate the plan to a Non-standardized prototype and submit to the IRS for determination?

[Sully]

You are not required to submit a non-standardized plan to the IRS for a determination letter. It may be prudent, but it is not required.

Also, you will need to test the compensation each year to make sure the definition you are using is nondiscriminatory, see 414(s).

Be careful, if you have a year where the owners/HCE's do not get bonuses then you will have problems.