436 and freezing accruals

[abanky]

1/1/2010 valuation date.

2009 Aftap 63%

Currently, the 2010 aftap is at 59.6% not reflected in the assets are the contributions receivable to the 2009 plan year.

Can I assume the receivables will be made and issue an aftap over 60% or do I have to freeze accruals until the contributions are made and then reissue an aftap?

Thanks,

Andrew

[david rigby]

See IRS Reg. 1.436-1(h)(4)(B).

[Andy the Actuary]

Could you not issue a range certification?

[SoCalActuary]

1/1/2010 valuation date.

2009 Aftap 63%

Currently, the 2010 aftap is at 59.6% not reflected in the assets are the contributions receivable to the 2009 plan year.

Can I assume the receivables will be made and issue an aftap over 60% or do I have to freeze accruals until the contributions are made and then reissue an aftap?

Thanks,

Andrew

I say - 436 freeze applies requiring a notice

then funding must be made

then re-issue AFTAP cert

then new notice

Your other choice makes your EA status held hostage to the client actually depositing the funds. Is the risk worth it?