Guest erisa75 Posted December 16, 2011 Posted December 16, 2011 If the db formula is based upon certain # of highest years of compensation, is it ok to count the years in which a participant had the highest base compensation, even though his actual take home pay was less because he was working part-time? Any potential issues in doing this?
Effen Posted December 16, 2011 Posted December 16, 2011 You can base it on how many sticks they can carry if you want, as long as it is in your document, is non-discriminatory, and doesn't exceed the 415 limit. 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.
Andy the Actuary Posted December 16, 2011 Posted December 16, 2011 Careful about double pro-ration. I.e., if less than a year of service credited in a year, then compensation used to determine final average already reflects short service so should be adjusted. DOL Reg. 2530.204-2(d). 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.
SoCalActuary Posted December 16, 2011 Posted December 16, 2011 If the db formula is based upon certain # of highest years of compensation, is it ok to count the years in which a participant had the highest base compensation, even though his actual take home pay was less because he was working part-time? Any potential issues in doing this? Compensation can be defined in several ways, but never "actual take home pay". It can be base pay, base plus overtime or bonus, with or without deferral, 125 or 132 pay, or gross. Suggestion: review the text books on this subject matter, especially the Pension Answer Book the ERISA Outline Book.
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