Rai401k Posted February 14, 2013 Posted February 14, 2013 - Plan has a no wait for deferrals - 2 year wait for the match - definition of compensation excludes compensation prior to plan entry. - Match is based on annual. - The match formula is 33% up to 6%. Example: Participants Total Compensation was $90k -Plan Entry Date was 7/1/2012 and Comp from plan entry was $45,000 Deferrals totaled $3,000 for 2012.-----> However deferrals from 7/1/2012 totaled $1,500. My understanding is the total match should be $1,000 however we are being told that is should total $500? Based on the information above, if a participant entered the match portion of the plan 7/1/2012, is there anyway you can exclude the deferrals prior to 7/1? Is there any way to do this if it's based on annual or would this only work if match was based on payroll.
Jim Chad Posted February 15, 2013 Posted February 15, 2013 Does document say to calculate match on a Plan year or pyroll basis? or other? Do you have an IRS aproval letter? is it legal to have a 2 year wait on match?
Rai401k Posted February 15, 2013 Author Posted February 15, 2013 Does document say to calculate match on a Plan year or pyroll basis? or other? Do you have an IRS aproval letter? is it legal to have a 2 year wait on match? The document states that match is to be calculated on plan year. Yes I have a determination letter on the plan. Yes it is legal to have a 2 year wait as long as the vesting schedule is immediate.
MWeddell Posted February 15, 2013 Posted February 15, 2013 This issue depends entirely on what the plan document says (and how it is interpreted), so I doubt that anyone on the message boards can help you.
rcline46 Posted February 15, 2013 Posted February 15, 2013 I disagree with both of your answers. Match is 33% of deferrals up to 6% of pay on an annual basis. So 6% of $45,000 is $2,700. I would place the match at $900. (Based on the information above). Now if the document were to state that the match were on deferrals WHILE ELIGIBLE FOR THE MATCH (emphasis added) then I would agree with the $500 number. However without some qualifier I don't think you can tie the deferrals to the 'while eligible' period.
Rai401k Posted February 15, 2013 Author Posted February 15, 2013 I disagree with both of your answers. Match is 33% of deferrals up to 6% of pay on an annual basis. So 6% of $45,000 is $2,700. I would place the match at $900. (Based on the information above). Now if the document were to state that the match were on deferrals WHILE ELIGIBLE FOR THE MATCH (emphasis added) then I would agree with the $500 number. However without some qualifier I don't think you can tie the deferrals to the 'while eligible' period. I'm sorry, i agree with your calculation of $900 as far as the 33% up to 6%. Unfortunately we can't find anywhere in the plan document where it states specifically that match is on deferral "while on eligible for match". That is why I agree with your answer of it being $900. I believe if were based payroll instead it would $500
rcline46 Posted February 15, 2013 Posted February 15, 2013 I agree if the document said the match was per payroll, it would be $500 in your example.
BG5150 Posted February 15, 2013 Posted February 15, 2013 Have you checked with the people who drafted the document? (The Volume Submitter or attorney) They might be able to shed some light on the situation. QKA, QPA, CPC, ERPATwo wrongs don't make a right, but three rights make a left.
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