204(h) Notice

[Guest Eagle54]

204(h) Notices

Is a 204(h) notice to participants required when a 401(k) plan is terminating?

Everyone will quickly write back to me NO.

Please consider these facts before writing that quick response.

This is not a Money Purchase Plan.

This is not a plan that had a money purchase source transfer in.

This is not a Defined Benefit plan of any sort.

This is a 401(k) plan that has a Fixed matching formula of $1 for $1 up to 5% of compensation.

Does the fact that the plan has a "Fixed Match" formula subject this company to the 204(h) notice requirements?

If anyone thinks it does, please let me know the code.

THANK YOU

[ETA Consulting LLC]

This is a 401(k) plan that has a Fixed matching formula of $1 for $1 up to 5% of compensation.

Does the fact that the plan has a "Fixed Match" formula subject this company to the 204(h) notice requirements?

If anyone thinks it does, please let me know the code.

THANK YOU

This match isn't required by law to be fixed and may be amended at any time to decrease it (or eliminate it) on a prospective basis.

Good Luck!

[John Feldt ERPA CPC QPA]

ERISA Section 204(h) does not apply.

[AKconsult]

Reg 54.4980F-1

Q-3: What is an applicable pension plan to which section 4980F and section 204(h) apply?

A: Section 4980F and section 204(h) apply to an applicable pension plan. For purposes of 204(h), an applicable pension plan means a DB plan... or an individual account plan that is subject to ...funding standards of section 412 of IRC. Individual account plans that are not subject to funding standards, such as profit-sharing and stock bonus plans, are not applicable pension plans to which 204(h) apply.