Guest DNH Posted September 29, 2009 Posted September 29, 2009 So I see where you can now have multiple groups and call them by individual names but can you have a partnership with 3 partners and 2 clerical and identify each group as Partner 1 2%, Partner 2 20% and Partner 3 20% and 5% to Clerical 1 and 5% to Clerical 2? On the adoption agreement it lists that the allocation method will be based on pro-rata compensation or equal dollar amounts. I guess if you reflected %s it would be pro-rata based on compensation but my concern is can you do this and NOT create a partnership 401(k)? Partner 1 always makes less $ than the other 2 partners so having different %s is beneficial to them. Also I'm wondering if you could have a 0% for a participant? Thank you ---greatly appreciated --- whoever you are!
Guest Sieve Posted September 29, 2009 Posted September 29, 2009 You do not need to define the groups. You simply indicate that each employee is a separate group. That would include partners.
Guest DNH Posted September 29, 2009 Posted September 29, 2009 You do not need to define the groups. You simply indicate that each employee is a separate group. That would include partners. So you wouldn't have Group A as John Doe Group Group B as Susie Smith Group etc.? It would be defined in the document as Group A "Each employee is a separate group"? So then you could still give different %s of wages to each employee even with only 1 Group? And there still isn't a danger of creating a partnership 401(k) plan? Thanks alot for responding and responding quickly.
Guest Sieve Posted September 29, 2009 Posted September 29, 2009 The VS would not list groups if you chose for each employee to be his/her own group. Also, remember that this appproach is not available in a prototype (where the number of groups is limited). Be careful, though . . . see this discussion re: preventing partnership new comparability plan from being treated as a 401(k): http://benefitslink.com/boards/index.php?showtopic=39179
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