Multiple 401(k)Employer Plan/Determination Letter

[Guest Wineman]

Question: If there are four employers participating in a 401(k)plan, three are members of the same control group, does the fourth employer (who is not a member of the control group)need to file for a separate determination letter? See Reg. 1.413-2(a)(3)(iv).

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[This message has been edited by Wineman (edited 04-01-99).]

[Guest Thornton]

You have a mutiple employer plan here and it must be filed as such. Be certain that the document reflects this and that the non-related employer executes a participation agreement.

[Guest Tom Maloney]

Facts: Twenty unrelated employers establish a mutliple employer 401(k) plan. The plan sponsor is a committee drawn from the twenty employers. Each employer has ten employees participating in the plan.

Question: Does the plan have to file Form 5500 because there are more than 100 participants, and does each employer have to file Form 5500-C/R, for a total of twenty-one filings? Or does one employer have to file Form 5500 and the other nineteen file Forms 5500-C/R? Or is no Form 5500 required, just twenty Forms 5500-C/R?

Thank you.

[Guest Tom Maloney]

Facts: Twenty unrelated employers establish a multiple employer 401(k) plan. The plan sponsor is a committee drawn from the twenty employers. Each employer has ten employees participating in the plan.

Question: Does the plan have to file Form 5500 and each employer have to file Form 5500-C/R, for a total of twenty-one filings? Or does one employer have to file Form 5500 and the other nineteen file Forms 5500-C/R? Or is no Form 5500 required, only twenty Forms 5500-C/R?

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TM

[Guest LARRY]

The individuaal companies have to file separate 5500c/r's with plan number101. The Plan sponsor files a 5500 C/R with a Plan number 333 and attaches a listing of participating employers.

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[Guest LARRY]

The individuaal companies have to file separate 5500c/r's with plan number101. The Plan sponsor files a 5500 C/R with a Plan number 333 and attaches a listing of participating employers.

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