fixed match with no allocation conditions

[K2retire]

Client is considering amending to add a fixed match with no allocation conditions, and adding a last day requirement to receive their discretionary match. This would not be a safe harbor match. They have asked if they could amend or remove the fixed match mid-year in the event that they have cash flow issues.

Assuming they could pass benefits rights and features by making sure the HCEs don't front load their deferrals before such a change, would such an amendment be allowed?

[BG5150]

Why not just have 2 different discretionary matches? One with a last day rule and one without.

[K2retire]

That is exactly what they want to do, but I didn't think it was possible. The document has a choice of yes or no for matching allocation conditions and I don't see an option to add a second match with different provisions, unless one is a safe harbor match.

[BG5150]

Find a new document.

[K2retire]

Unfortunately, I don't get to make the decisions about which document software we use.

[Tom Poje]

but then of course, I'm sure the following rule probably applies

It's not my job to run the train,

The whistle I don't blow.

It's not my job to say how far

The train's supposed to go.

I'm not allowed to pull the brake,

Or even ring the bell.

But let the damn thing leave the track

And see who catches hell!