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Employer has a service based allocation schedule. They are considering allowing collectively bargained employees participate in the plan and add a separate allocation group for them. If those employees are now receiving employer contributions are they still excludable from non-discrimination testing including gateway?? Thanks.

  • 2 weeks later...
Guest Quagmire
Posted
Employer has a service based allocation schedule. They are considering allowing collectively bargained employees participate in the plan and add a separate allocation group for them. If those employees are now receiving employer contributions are they still excludable from non-discrimination testing including gateway?? Thanks.

See § 1.401(a)(4)-1©(5).

For the link to § 1.410(b)-2(b)(7), if you hover over the link a text box will appear, pull your cursor down into that box and click to open the link in a new window. This way you can read the two cites side-by-side.

Posted

Don't forget the "good faith" clause found in §1.410(b)-6(d)(2) and IRC 410(b)(3).

I'm a retirement actuary. Nothing about my comments is intended or should be construed as investment, tax, legal or accounting advice. Occasionally, but not all the time, it might be reasonable to interpret my comments as actuarial or consulting advice.

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