415 comp limit for frozen plan

[dmb]

Calendar year plan was frozen 12/31/08. Participant terminates employment 4/30/13. Does participant's compensation earned after the freeze date get considered in the 415 compensation limit? Thanks.

[Andy the Actuary]

Given IRS position that 415 applies to the accrued benefit, you would have to say "no" unless the Plan provides special language in its "freeze" amendment, in which case the freeze would not be considered a hard freeze.

[dmb]

Thanks, that's what i thought, but wasn't positive.