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Posted

Trying to write some formulas...

Plan Year End = 12/31. Participant is hired on 12/31/2023. Their first 12 months is finished 12/30/2024,which is year 1. Their 2nd year (assuming switch to plan year) is calendar 2024. Agreed?

And if their hire is 1/1/2024, and their 12 months is finished 12/31/2024, because that coincides with the plan year exactly, clearly we would not count the same exact 12 months, right?  I could see someone (especially a formula if one is not careful) mistakenly crediting the same 12 months twice because it counts both the first 12 months AND the first full plan year).

Austin Powers, CPA, QPA, ERPA

Posted

If the first eligibility computation period for counting to 500 hours begins with the first day on which the employee is credited with an hour of service and the plan provides that the second period is the calendar plan year that begins within the first period, your first example might show a generosity in counting two 12-month periods in as little as a year and a day.

The Treasury department’s explanation of its proposed rule speaks, indirectly, to your first example. See page 82802. https://www.govinfo.gov/content/pkg/FR-2023-11-27/pdf/2023-25987.pdf

You are right that software designers and programmers ought to be accurate, complete, and careful about how one expresses tax law rules in software.

Peter Gulia PC

Fiduciary Guidance Counsel

Philadelphia, Pennsylvania

215-732-1552

Peter@FiduciaryGuidanceCounsel.com

Posted
23 hours ago, Paul I said:

The key to how this has worked all along is the consideration of the first anniversary of the date of hire to determine the start of the second ECP.

You only needed one all along so it never mattered, LOL.  Even the 2 year eligibility plan "never" switched to the plan year.

Thanks though for the stellar response!  And thankfully it lines up with how I wrote my formulas!

Austin Powers, CPA, QPA, ERPA

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