Annual match true-up

[buckaroo]

Here are the facts:

Plan elig for deferrals immediately upon DOH.

Plan elig for match after three months on 1st day of month coin or following.

Plan calls for an annual match true-up

Plan states that annual compensation is used for contributions and ADP/ACP testing.

Are the contributions made to the plan prior to the match elig date taken into account when calculating the true-up.

NOTE: The document is silent on the issue. (I know bad document, but that is the situation.)

[QDROphile]

It would probably be reasonable for the plan administrator to interpret the plan to provide for match based on all of the elective deferrals for the year, but a careful reading of all of the relevant terms is necessary.

[JanetM]

It looks like you have contradictory terms. You need to get plan sponsor to make decision on which way it should be and them amend the doc language to fix the problem.