Can client retroactively amend DC money purchase pension plan?

[Guest Charles Griffin]

Quick question, I think:

Client has a DC money purchase pension plan and it wants to adopt a plan amendment decreasing the percentage contributed to the plan. This amendment would be prior to the end of the plan year but client wants to make it retroactive to the beginning of plan year.

I have searched and searched but cannot find the legal authority in ERISA that gives them the ability to retoactively amend the plan.

Can this client retroactively amend their plan and, if so, can you please point me to some authority for this proposition? Thanks very much!

Charles Griffin

[Guest]

Maybe I am not understanding your question, but here goes anyway.

If plan has a last day provision, then no one has earned a right to a contribution until the last day of the plan year. Therefore the plan could be amended anytime (I believe you have to give 15 days notice, if I remember the rules correctly)

if plan simply has an hours requirement, then it is too late, people have already 'earned' their contribution.

you can never take away something someone has earned.

(well, ok, the govt does it , but they call it taxes)