Can president of plan sponsor stop participating in the company's pens

[DP]

We have a client who has both a Money Purchase Pension and Profit Sharing Plan. The president of the corporation would now like to drop out of the plans (no longer get contributions) but continue funding the plans for the remaining participants. Is this option allowed?

[Guest]

I have seen this accomplished in 2 ways. The company president waived participation or the plan was amended to exclude officers. The antidiscrimination rules only limit discrimination against NonHighly Compensated Employees.

There is always concern that if the plan permits opting out that the Money Purchase plan could be considered to be a 401(k) which is not permitted.

[KJohnson]

In order to avoid being considered a CODA there can only be a one-time irrevcoable election not to particpate upon a participant first becoming eligible for the Plan. There are also other requirements for such an "opt out" and it does not appear that your client qualifies.

I think a Plan amendment "writing the owner out" of the Plan is the only way to go.