Off Calendar Limits

[Jay3]

For an off-calendar plan, what is the compensation to look at when identifying an officer who may/may not be "key".

[Tom Poje]

all limits (except 415) are 'begining of year values'

so: plan year runs from 2/1/08 - 1/31/09

is that plan year top heavy?

I need to look at the balances as of 1/31/08.

This would also be the plan year 2/1/07 - 1/31/08.

is the individual an officer making more than 145,000 in that period?

if yes (and assuming the number of officers is not capped) then the indivdual is key ad the balance as of 1/31/08 would be used to determine if the plan is top heavy for the 2/1/08-1/31/09 period.