AlbanyConsultant Posted January 24, 2024 Posted January 24, 2024 I'm doing a final PS allocation for a calendar year plan that was terminated 9/15/23. That was the final pay date before they were purchased, and all payroll stopped then, and the purchase agreement required that the plan be terminated as of that date. I couldn't convince them to let the plan run until 12/31/23. The PS formula is integrated at 80% SSTWB + $1. So for 2023, if it was a full calendar year, that would be $128,161. x8.5 /12 = $90,780.71 (or something like that, depending on when you add the extra dollar). The question is what to do with the integration level. This is below 80% of the annual limit, so do I have to use 4.3? Or do I get to still use 5.4% because it's 80%+ of the applicable limit once the pro rating is considered? My software gives me an error on the latter because 56.667% of the TWB is not at least 80%, but I know to always double-check things in tricky situations...
Paul I Posted January 24, 2024 Posted January 24, 2024 See 1.401(l)-2(d)(5) (the 401(l) is an "L"). https://www.law.cornell.edu/cfr/text/26/1.401(l)-2 It looks like you calculate the amount of the integration level using the 80% SSTWB + $1 (see 1.401(l)-2(d)(3) which has a maximum excess allowance of 54%. The integration level is pro-rated over the number of months (which I understand includes the partial month) in the short plan year. This is your calculation to get to $90,780.71. The last sentence in 1.401(l)-2(d)(5) says "No adjustment to the maximum excess allowance is required as a result of the application of this paragraph (d)(5), other than any adjustment already required under paragraph (d)(4) of this section." Luke Bailey and AlbanyConsultant 2
AlbanyConsultant Posted January 24, 2024 Author Posted January 24, 2024 I read that sentence as saying that you use the integration rate that fits with whatever you pro rated to. So in my case, 57% is in the 4.3% range, so I use 4.3%. If you were pro rating in, say, November, you'd probably still be above the threshold to get 5.4%. Thanks for the cite.
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