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Posted

We handle 2 plans for a dentist who is a PC; sold the assets of the practice, employees received W-2 for period 1/1 to 2/28 2024.

I am suggesting $0 profit sharing, he knows he has to do a 3% safe harbor on the employees' W-2 1/1-2/28/2024

Question is, what comp do we use to calculate the cash balance plan  (assuming the liabilities are greater the the assets)?

Obviously, if assets greater, no contribution.

I don't see how plan(s) can pass 401(a)(4) or 401(a)(26), possobly w/o a contribution.

The owner will continue the plan as a PC, but I believe his payout will be 1099 which will be funneled to PC and become PC income for plan purpose.

Posted

Sounds like employer (PC) and both plans are continuing, so 1/1-12/31/2024 PY on both, but all employee other than the owner terminated 2/28, correct? If so, read on, but if not then you have bigger problems.

If employees did not work 500 hours through 2/28 and do not benefit because of that then I think you exclude them from 401(a)(26) count in CB. However, you still have 2024 annual (combined I presume) coverage and nondiscrimination testing, and since everyone benefits by virtue of 3% SH then you have a gateway requirement.

Employee compensation for such would be W2 from the PC, for the owner it would be the applicable metric for the year - either W2 or net earned income from self-employment. For the cash balance, compensation is used to calculate liabilities (pay credits) not the actual contributions. Required funding is a function of both assets and liabilities. 

Kenneth M. Prell, CEBS, ERPA

Vice President, BPAS Actuarial & Pension Services

kprell@bpas.com

Posted

Both plans still open, client has not made the 2024 contribution; and I am questioning which comp to use.

This is NOT a short plan year.

Both plans will remain in existence as 1 participant plans.

Docs speak of a short plan year and pro-ration, which does not apply; the 1,000 accrual and contribution specification on the CB would create a 401(a)(4) problem.

Posted

In answer to CuseFan, your assumption is correctS - Sounds like employer (PC) and both plans are continuing, so 1/1-12/31/2024 PY on both, but all employee other than the owner terminated 2/28, correct?

Applicable metric?   I assume you mean 2/12 of his W-2.

SO, from what you are saying, either make a PS contriubtion (of which he gets $1 per formula, which is new comp.

Correct?

Posted

I think he just meant whatever way his pay is reported, W2 versus Sch. C.  But you don't take 2/12 of it just because everyone else stopped working then. 

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