JustnERPA Posted March 6, 2019 Posted March 6, 2019 An Employer's profit sharing allocation was pro-rata and included a last day requirement. On the last day of the plan year, an amendment is executed to change the allocation formula from pro-rata to individual rate groups. Because the amendment was executed on the last day of the plan year, are they stuck with a pro-rata allocation for that plan year?
CuseFan Posted March 6, 2019 Posted March 6, 2019 Yes, as of that date everyone still employed has earned the right to an allocation on that (pro-rata) basis. Kenneth M. Prell, CEBS, ERPA Vice President, BPAS Actuarial & Pension Services kprell@bpas.com
Doc Ument Posted March 7, 2019 Posted March 7, 2019 To amplify CuseFan's response, I usually express this to clients in such a way that they cannot read it too fast, by saying something like "the deadline for such a plan to change its formula is the day before the last day of the plan year, e.g., December 30th for a calendar year plan."
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