retbenser Posted December 29, 2010 Posted December 29, 2010 I have a doctor and his wife, both 45 years old. 2 employees ages 30 and 53. The doctor's pay credit is 50% of comp. The spouse is not getting pay credit. The 2 employee are getting 2% pay credit. The plan clearly fails the 401(a)(4) test. Correct? And also fail the ABP test as well. Right? There is no way this plan design passes the nondiscrimination testing. Right? Thanks for all responses.
Effen Posted December 29, 2010 Posted December 29, 2010 I would agree that on the surface it doesn't look promising. Do they possibly have a profit sharing plan as well? The material provided and the opinions expressed in this post are for general informational purposes only and should not be used or relied upon as the basis for any action or inaction. You should obtain appropriate tax, legal, or other professional advice.
retbenser Posted December 29, 2010 Author Posted December 29, 2010 I would agree that on the surface it doesn't look promising. Do they possibly have a profit sharing plan as well? No -- just a CBP. Thanks.
Effen Posted December 29, 2010 Posted December 29, 2010 Why don't you just ask the actuary for a copy of the non-discrimination test? The material provided and the opinions expressed in this post are for general informational purposes only and should not be used or relied upon as the basis for any action or inaction. You should obtain appropriate tax, legal, or other professional advice.
AndyH Posted December 29, 2010 Posted December 29, 2010 To make the testing work, you give the young employee a profit sharing allocation in a profit sharing/401(k) plan. It ain't gonna work the way it's structured.
Tom Poje Posted December 29, 2010 Posted December 29, 2010 I'd suspect that such a plan is top heavy, and the 2% paycredit would be insufficient to satisfy 2% accrual requirement as well.
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