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Posted

We have a situation where a company with a 6/30 PYE 401(k) started up a separate 401(k) plan with a 12/31 PYE for a company they own.

If they can separately pass coverage, then ADP/ACP could be run separately. However, if coverage fails, then wouldn't they have to be tested together? If that's the case, we couldn't know the results until after 12/31, which would be well after the 2.5 month correction period for the 6/30 plan.

What are you thoughts on this? I was under the impression that they couldn't be permissively aggregated because of the different PYE but what if they have to?

Thanks!

Posted

You are right, they can't, so they would fail.

Posted

Remember that if you need to run the Average Benefits Test you aggregate all plans with last day in same calendar year.

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