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Guest dolstein
Posted

Would a provision in a plan document requiring that, in the event the plan is terminated, any surplus assets remaining in the plan be used to increase benefits payable to plan participants and specifying the method for allocating the assets violate the requirement that benefits be "definitely determinable"?

Posted

IMHO, no. It's common.

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.

Posted

Agree, does not cause a problem with "definitely determinable", however, it should be treated as a plan amendment and the allocation needs to comply with the applicable non-discrimination rules.

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

Definitely no. The benefits are still determinable based on a set formula no matter if there are excess assets or not.

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