dragondon Posted November 8, 2022 Posted November 8, 2022 If a company may need to make a non elective to pass non discrimination testing at the end of the year does it matter in the plan docs if the non elective contributions are determined at the end of plan year or each pay period? I suppose per pay period would give them the option to do it earlier then end of plan year but wanted to make sure there are not other drawbacks to doing per pay period instead of end of plan year?
Popular Post Bill Presson Posted November 8, 2022 Popular Post Posted November 8, 2022 I've never seen a non elective contribution calculated on a per pay period basis. Luke Bailey, RatherBeGolfing, acm_acm and 2 others 5 William C. Presson, ERPA, QPA, QKA bill.presson@gmail.com C 205.994.4070
Belgarath Posted November 8, 2022 Posted November 8, 2022 Well, first thing that comes to mind is are there ANY allocation requirements? (hours, last day, etc.) If contributions re made prior to satisfying those allocation requirements, could be a mess. We recommend that if they want to "pre-fund" - they put it into a segregated employer account, then after end of year, when testing can be determined, and they have cooked their books to determine how much they can/want to contribute, move the money then. It's also just a lot more confusing - more opportunities for error either with internal or external payroll, particularly if there is any excluded compensation category, etc. I've seen a couple of plans that utilized per payroll, with NO allocation requirements and a design-based safe harbor flat percentage that worked, and I've seen a couple that were disasters. I certainly would not recommend it. Bill Presson, CuseFan and Luke Bailey 3
Patricia Neal Jensen Posted November 8, 2022 Posted November 8, 2022 End of the year is best, as advised by both of the gentlemen above. No reason that make sense to contribute a Non-Elective on a payroll basis. Below Ground and Bill Presson 2 Patricia Neal Jensen, JD Vice President and Nonprofit Practice Leader |Future Plan, an Ascensus Company 21031 Ventura Blvd., 12th Floor Woodland Hills, CA 91364 E patricia.jensen@futureplan.com P 949-325-6727
thepensionmaven Posted November 9, 2022 Posted November 9, 2022 Agreed....always better to use the exact W-2.
Ron401k Posted November 10, 2022 Posted November 10, 2022 The pre-approved plan document we use has language in the basic plan document that a QNEC to pass nondiscrimination testing, whether or not a discretionary QNEC was elected in the adoption agreement, can be made. Generally, you wouldn't apply any accrual requirements (LDR, 1000 hrs) to a QNEC for the sole purpose of passing ADP/ACP.
MWeddell Posted November 10, 2022 Posted November 10, 2022 I have several clients that make employer nonelective contributions each payroll period. The contributions are for a fixed percentage (not discretionary) and there are no allocation conditions once an employee is eligible for the contributions. It is no more error prone than allocating matching contributions on a per payroll period basis.
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