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Guest jim williams
Posted

Is it permissable for a 412(e)3 plan to use one insurance company to provide benefits under a frozen formula (effective 12/31/09) and to have another insurance company provide benefits provided under a new formula (effective 1/1/10)?

Posted

Loaded question. You're asking because contracts have to be of the same series. Keep in mind that this is purely a 401(a)(4) issue, and not necessarily a 412(e)(3) qualification issue saying that in no instance may contracts not be of the same series. There are exceptions to the rule and work-arounds in cases where the insurance company no longer issues contracts; especially when there are new employees becoming eligible.

This is only the beginning of the thought process; and EACH case is different.

Good Luck!

CPC, QPA, QKA, TGPC, ERPA

Guest jim williams
Posted

Does it matter that the plan is a one-participant plan on behalf of the owner?

Posted
Does it matter that the plan is a one-participant plan on behalf of the owner?

Well, then every participant has the same policy items. Further, no NHCE was discriminated against.

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