Quest on New Comp allocation to a HCE

[Guest jc1457]

I have a partnership with the following groups identified in their plan document:

Group A = All Partners > 10% ownership

Group B = All Partners < 10% ownership

Group C = all non-partner attorneys

Group D = all remaining staff

Per the Plan Doc, determination of group status is made at the time of allocation.

Group A is receiving a 10% contribution. All other groups are receiving a 5% contribution. Testing passes.

We have one partner who is a 14% owner. He would like to receive a 5% contribution. Is there any way I can accomodate his request?

Thanks for your help.

[BG5150]

Could you amend the plan to give him his own group? Not sure if it's too late to do that.

Is he over 59 1/2? Could he take a distribution of the "extra" 5% he would get?

[Guest jc1457]

Could you amend the plan to give him his own group? Not sure if it's too late to do that.

Is he over 59 1/2? Could he take a distribution of the "extra" 5% he would get?

Thank you, I am going to amend and this will help going forward. Not sure how to handle 2008. If there's a way to help him, I would like to.

Thank you for your help-

[Guest jc1457]

Well, my problem is solved! The client just called me. The partner changed his mind - would like the same percentage as the other partners in his group.

Thank you!

[QDROphile]

Have you just describe a CODA?