Date Plan was Signed

[retbenser]

For form 5300, under Initial Qualification -- Date Plan Signed.

For the plan to be effective 1/1/2010, the Date Plan Signed must be on or before 12/31/2010.

Is this correct?

Thanks for all responses.

[Jim Chad]

I think you are correct FWIW

[mbozek]

For form 5300, under Initial Qualification -- Date Plan Signed.

For the plan to be effective 1/1/2010, the Date Plan Signed must be on or before 12/31/2010.

Is this correct?

Thanks for all responses.

What kind of plan? While the above statement is generally true for a qualified plan of a calander year employer, there are exceptions. For example, elective contributions to a 401k plan can only be made after the date the plan is adopted.

[retbenser]

What kind of plan? While the above statement is generally true for a qualified plan of a calander year employer, there are exceptions. For example, elective contributions to a 401k plan can only be made after the date the plan is adopted.

Cash Balance Plan

[Guest Sieve]

If it matters, the plan could be in place for 2010 even if not signed by 12/31/2010--if the major provisions are in writing in 2010 and if it is communicated to employees in 2010. The latter requirement (employee communication) still must be met even if the plan is signed in 2010.

[John Feldt ERPA CPC QPA]

Yes, and be sure to read Revenue Ruling 72-509 which spells out when it must be communicated to the employees (by the end of the employer's tax-year in order for the plan to be considered "in existence"). It's an old ruling, but still applies today to qualified plans falling under 401(a).