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Posted

I used to work for a law firm-TPA firm that prepared plan conversion amendments.

This was prior to the 411(d)(6) regs- I do not recall whether it was DB to PS or PS to DB.

We are speaking of a sole proprietor with no employees.

Since we are speaking of an owner-only plan, what is the opinion??

Posted
Since we are speaking of an owner-only plan, what is the opinion??

What is the question?

In general, you shouldn't "convert" any dc into a db or dc into db. Always better to terminate and start fresh.

P.S. I believe 411(d)(6) has been around since ERISA was passed.

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.

Posted
Since we are speaking of an owner-only plan, what is the opinion??

What is the question?

In general, you shouldn't "convert" any dc into a db or dc into db. Always better to terminate and start fresh.

P.S. I believe 411(d)(6) has been around since ERISA was passed.

I'm not sure it's *always* better to terminate and start fresh. Many, many more factors must be considered before that determination is made. I *always* start from the premise that "preservation" of benefits (convert, merge, etc.) is better, *unless* there is a good reason not to.

Just my 2 cents worth. Beyond that, yup: What's the question?

Posted

pensiondude: By any chance are you asking whether a conversion of an overfunded db to a dc somehow avoids the reversion taxes?

Posted
Since we are speaking of an owner-only plan, what is the opinion??

What is the question?

In general, you shouldn't "convert" any dc into a db or dc into db. Always better to terminate and start fresh.

P.S. I believe 411(d)(6) has been around since ERISA was passed.

I agree with Effen with a solo situation. I want to go as far as to say that applies to all situations but there maybe that one time exception I'm not thinking of that would prove me wrong.

IMHO

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