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Guest bobolink
Posted

I am looking for authority to explain the treatment of severance pay when determining final average pay. Plan language definition of annual comp is w-2 wages plus elective deferrals. This would include severance pay. That result seems wrong. What am I missing? Thanks.

Guest bobolink
Posted
What is the exact definition? Is it W-2 compensation while an employee for example?

"Wages within the meaning of Code Section 3401(a) and all other payments of compensation to an employee by the Company (in the course of the Complany's trade or business) for which the Company is requred to furnish the Participant a written statement under Code Sections 6041(d), 6051(a)(3) and 6052" add back of 125 and 402(e)(3) deferrals comes later.

Posted
This would include severance pay.
You may wish to review the 415 reg (issued March/April 2007):

http://a257.g.akamaitech.net/7/257/2422/01...pdf/E7-5750.pdf

Begin about page 40, and pay particular attention to the discussion about compensation after severance of employment.

I'm a retirement actuary. Nothing about my comments is intended or should be construed as investment, tax, legal or accounting advice. Occasionally, but not all the time, it might be reasonable to interpret my comments as actuarial or consulting advice.

Guest bobolink
Posted

Thank you.

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